CHHATKUN Vs. STATE

JUDGEMENT

(1.) THIS is a revision by four persons who have been convicted under Section 323, I. P. C. by a special Magistrate of Faizabad and have been sentenced to pay a fine of Rs. 100/- each, or in default to undergo rigorous imprisonment for three months each. Out of the fines, if realized, a sum. of Rs. 150/- was ordered to be paid to the complainant as compensation under the provisions of Section 545, Criminal P. C. for the loss which he had suffered.

(2.) THE complaint was originally filed in the court of the Sub-Divisional Magistrate, who transferred the case to the file of a Special Magistrate for disposal. The Special Magistrate apparently discovered that the case was triable by the Panchayati Adalat and he, therefore, sent the case to the District Panchayat Officer so that he may allocate the case to the file of the proper panchayati Adalat for disposal. After the case had gone on to the file of the Panchayati Adalat, the complainant moved the Sub-Divisional Magistrate for the cancellation of the jurisdiction of the Panchayati Adalat under the provisions of Section 85 of Panchayat Raj Act (26 of 1947 ). The sub-Divisional Magistrate after hearing the parties cancelled the jurisdiction of the Panchayati adalat.

(3.) MR. Surajnath Singh, appearing for the applicants has contended in the first instance that the order of the Sub-Divisional Magistrate cancelling the jurisdiction of the Panchayati Adalat was bad in law, inasmuch, as, the Sub-Divisional Magistrate gave no reasons for cancelling the jurisdiction of the Panchayati Adalat. The validity of the order of the Sub-Divisional Magistrate is not the subject-matter of this revision as such an order cannot be made the subject-matter of a revision under the provisions of the Code of Criminal Procedure. Consequently, it is not competent for me to investigate into the question whether or not the order made by the sub-Divisional Magistrate, cancelling the jurisdiction of the Panchayati Adalat, was a good or a bad order. I must accept that order as an order properly made whereby the jurisdiction of the panchayati Adalat was cancelled. The jurisdiction of the Panchayati Adalat having been cancelled by the Sub-Divisional Magistrate, he thought it proper to send the case to the file of the same Special Magistrate to whom the case had once been sent. The Special Magistrate thereafter tried the case and convicted the applicants in the manner already indicated.