PATEL CHHAGAN RAGHAV Vs. BHARWAD POLA GHUGHA

JUDGEMENT

(1.) This is a criminal reference by the learned Sessions Judge Bhavnagar for quashing an order made by the learned Judicial Magistrate First Class Vallabhipur-Umrala. It relates to the jurisdiction of a Nyaya Panchayat constituted under the Bombay Village Panchayats Act 1958

(2.) The matter arises this way :the complainant one Chhagan Raghav filed a complaint against one Bharwad Pola Ghugha and 2 others on charges of mischief under sec. 426 and criminal trespass under sec. 447 read with sec. 34 of the Indian Penal Code. It appears that the offences were alleged to have been committed in the village of Chogath within the jurisdiction of the learned Judicial Magistrate Vallabhipur Umrala. The learned Magistrate having entertained the complaint issued summons to the accused. Thereupon the accused made an application before the learned Judicial Magistrate contending that the learned Magistrate had no jurisdiction to entertain the complaint as the Nyaya Panchayat Chogath had the said jurisdiction. The learned Judicial Magistrate upheld the contention advanced by the accused and made an order that he had no jurisdiction to entertain the complaint and that the complaint be returned to the complainant for proper presentation. The learned Magistrate held that the jurisdiction for these offences was vested in the relevant Nyaya Panchayat. Against this order of the learned Judicial Magistrate the complainant made a revision application to the learned Sessions Judge Bhavnagar. The learned Sessions Judge Bhavnagar has made this reference to this Court expressing the view that the order passed by the learned Magistrate is erroneous and that the said order be set aside and that the learned Magistrate be directed to take cognizance of the said offences and try the same.

(3.) To decide this reference it is necessary to refer to certain relevant provisions of the Bombay Village Panchayats Act 1958 Under sec. 75 there is a list of offences which are made cognizable by Nyaya Panchayats. Section 75 provides as follows: