JODHEY Vs. STATE

JUDGEMENT

(1.) This is an application on behalf of 20 accused under Article 227 of the Constitution of India read with Section 561A, Criminal P. C. The accused applicants were convicted by the Gaon Panchayati Adalat of Khajuria Awasi district Sitapur, under Section 160, Penal Code and sentenced to pay a fine of Rs. 40 each. The applicants filed a revision against their conviction before the Sub-Divisional Magistrate, Sitapur, who dismissed the revision on 17-4-1951. They filed another application for revision before the Sessions Judge of Sitapur who dismissed their revision on 16-6-1951, on the ground that no revision application against the order of the Panchayati Adalat was maintainable in the said Court under the U.P. Panchayat Raj Act (XXVI of 1947). The applicants have filed the present application in this Court under Article 227 of the Constitution of India and Section 561A, Criminal P. C. praying that the entire proceedings before the Panchayat including the order of conviction passed by the Panchayati Adalat be quashed as illegal and void in law.

(2.) Before the hearing of the application a preliminary objection to the maintainability of this application was taken by the learned counsel appearing on behalf of the complainant opposite party. The preliminary objection was based on Section 85, U. P. Panchayat Raj Act (XXVI of 1947). Under Sub-section (1) of Section 85 of the said Act, ''if there has been a miscarriage of justice or if there is an apprehension of miscarriage of justice in any case, suit or proceedings, the Sub-Divisional Magistrate in respect of any case and the Munsif in respect of any suit and the Sub-Divisional Officer in respect of any proceeding under the Uttar Pradesh Land Revenue Act, 1901, may on the application of any party or on his own motion, at any time in a pending case, suit or proceeding as the case may be and within sixty days from the date of a decree or order, call for the record of the case, suit or proceeding as the case may be, from the Panchayati Adalat and may for reasons to be recorded in writing-- (a) cancel the jurisdiction of the Panchayati Adalat with regard to any suit, case or proceeding, or (b) quash any decree or order passed by the Panchayat Adalat at any stage." Sub-section (5) of Section 85 provides that

(3.) In order to interpret Article 227 of the Constitution a short historical retrospect of analogous provisions of law prior to the, Constitution of India would be instructive and helpful.