BACHE RAM Vs. SUB DIVISIONAL MAGISTRATE AND ORS.

JUDGEMENT

(1.) The Appellant and four others were prosecuted for offences Under Ss. 395, 379 and 447, IPC, before the SDM, Ranikhet, for an incident which occurred on 3rd September 1958. On 25th January 1960 the learned Magistrate discharged the accused persons on the finding that there was no prima facie case against them. It was held that the evidence on record was not sufficient to show that the disputed land was in possession of the complainant or that the accused persons had committed dacoity in respect of the crop standing on that land.

(2.) The complainant thereafter filed a complaint before the Nyaya Panchayat for offences Under Ss. 379 and 447, IPC only. On 3rd March, 1963 the Nyaya Panchayat held the accused guilty and passed a sentence of fine. The accused filed a revision which was, however, dismissed. Thereupon the Appellant instituted a writ petition in this Court. The learned single Judge dismissed the same. Hence the present special appeal.

(3.) It was urged by Mr. Pant, appearing for the Appellant, that in view of the proceedings before the SDM, the Nyaya Panchayat had no jurisdiction to take cognizance of the complaint.