BADRI Vs. STATE

JUDGEMENT

(1.) The applicants have been convicted under Section 323, Penal Code, and sentenced to one month's rigorous imprisonment and a fine of Rs. 50 each. The incident, complained of, took place on 28-6 1949. The complaint was filed on 47- 1949, and on the same date it was forwarded to the City Bench Magistrates for disposal. The case remained pending before the Bench Magistrates till 12.10 1949, when they convicted the applicants under Section 923 and sentenced them to one month's rigorous imprisonment and to a fine of Rs. 90 each and in default rigorous imprisonment for a further period of one month.

(2.) A point was taken in the lower Court that the case was cognizable by a Panchayati Adalat and not by the Bench Magistrates. The lower Court has mentioned a notification of the U. P. Government No. 9692/P R D 117/49, dated 27-7-1949. According to this notification the Panchayati Adalats in the United Provinces started functioning from 15-8-1949, except in places where the Panchayati Adalat has not elected a Sarpanch under Section 44, Panchayat Raj Act. The learned Assistant Sessions Judge was of the opinion that as it was not established on behalf of the accused that a Sarpanch had been elected before 12-10 1949, it could not be urged that the Bench Magistrates had no jurisdiction.

(3.) Section 56, U. P. Panchayat Raj Act (U. P. Act XXVI [26] of 1947) provides that :