JALEEL AHMAD AND OTHERS Vs. MANSAB AND OTHERS

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution. The applicants have been convicted by a Panchayati Adalat under Section 448 and 426 I.P.C.

(2.) IT appears that a clash took place between the applicants and the opposite -parties on 7th March, 1952. A complaint was filed against the applicants by one Nur Ahmad on 17th March 1952. The complaint resulted in their acquittal on 9th January, 1953. The proceedings took place before a Judicial Magistrate.

(3.) ONE of the points urged in this Court is that by virtue of the provisions of Section 73(2) of the Panchayat Raj Act the Panchayati Adalat was precluded from taking cognizance of the offence. In Section 73(2) is embodied the principle embodied in Section 403 Cr.P.C. There is no difficulty on this question of law. But coming to the question of fact it may be pointed out that the two complaints did not relate to the same incident. The complaint filed by Nur Ahmad related to an incident which had taken place in the morning. The complaint which has resulted in the present proceedings related to certain events which took place some time later. Since the two complaints relate to two different incidents Section 73(2) will not apply. Very likely this was the reason why this point was not raised on behalf of the present applicants before the learned S.D.M.