BIKRAM AND OTHERS Vs. STATE

JUDGEMENT

(1.) This is a reference made by Shri Prahlad Narain, 2nd Additional Sessions Judge, Ballia, recommending that the judgment and order dated 26 -4 -1969 passed by Shri K.N. Dixit, Magistrate 1st Class, Ballia, convicting the accused Under Sec. 323 read with Sec. 34 IPC and sentencing each to a fine of Rs. 25/ - be set aside and the accused be ordered to be tried de novo by the Nyaya Panchayat concerned.

(2.) The learned Sessions Judge has observed that as the learned Magistrate originally summoned the accused for an offence punishable Under Sec. 440 of the IPC and then charged and convicted them Under Sec. 323 read with Sec. 34 IPC, Sub -section (4) of Sec. 55 of the UP Panchayat Raj Act will not apply to this case and the learned Magistrate should have sent the case to the Nyaya Panchayat as soon as he came to the conclusion that this was a case Under Sec. 323 IPC and not Under Sec. 440 IPC The learned Sessions Judge has also referred to the observations made by this Court in Chhotey Lal and Anr. v/s. State, 1966 AWR 235.

(3.) It appears that the learned Sessions Judge has failed to appreciate the correct law on the point. If at the initial stage a court after considering the allegations made against the accused treats the case as one of which he could take cognizance, but subsequently finds that the case is triable by a Nyaya Panchayat and if no summons or warrant, as the case may be, has till then been issued for the appearance of the accused the court shall transfer the case to the Nyaya Panchayat of competent jurisdiction as laid down in Sec. 56 of the UP Panchayat Raj Act. If, on the other hand, the court finds that the case of which it has taken cognizance of is in respect of an offence triable by the Nyaya Panchayat and summons or warrant, as the case may be, has already been issued for the appearance of the accused, it may either transfer the case to the Nyaya Panchayat or may itself dispose of the case as laid down in Sub -section (4) of Sec. 55 of the UP Panchayat Raj Act.