LAL BACHAN SINGH Vs. SURAJ BALI SINGH

JUDGEMENT

(1.) This is a reference under Section 438, Criminal P. C., by the learned Sessions Judge of Gorakhpur recommending that a case pending at present in the Court of Mr. Harihar Prasad, Magistrate, First Class, of Deoria be transferred to the Panchayati Adalat and that the Magistrate's order dated 21-4-1950 refusing to transfer the case to the Panchayati Adalat be quashed.

(2.) It appears that a complaint was filed by one Suraj Bali Singh against one Lal Bachan Singh under Sections 307 and 323, Penal Code, in the Court of the aforesaid Magistrate. As the offence under Section 307, Penal Code, was not cognizable by the Panchayati Adalat, there was no illegality in filing the complaint in the Magistrate's Court. After recording the evidence the learned Magistrate framed a charge under Section 323, Penal Code only. It was then brought to his notice by the accused that since he had framed a charge under Section 323, Penal Code only and since the said offence was by reason of Section 52, U. P. Panchayat Raj Act triable exclusively by a Panchayati Adalat he should transfer the case to the said Adalat. His attention was drawn to Section 56 of the Act also which made it imperative for him to do so. The learned Magistrate refused to accede to this request.

(3.) The first reason given by the learned Magistrate for retaining the case with him was that in his opinion the case was one in which the accused could not, in case of conviction, be adequately punished by the Panchayati Adalat. He has in this connection referred to Section 58 of the Act. The relevant portion of this section runs as follows :