NAWAL SINGH Vs. STATE

JUDGEMENT

(1.) This is a reference by the Sessions Judge of Bulandshahr with the recommendation that the order of conviction passed by the Tahsildar/Magistrate and also the order of the Assistant Sessions Judge in appeal be quashed and no fresh trial may take place.

(2.) The facts of the case, in brief, are that the Gaon Panchayat moved a complaint before the Nyaya Panchayat, Bharana, with the allegation that the applicant Nawal Singh, had illegally occupied some Uftada land belonging to the Gaon Panchayat and had failed to remove Bitora etc. therefrom in spite of the service of notice as contemplated by Sec. 100 of the U.P. Panchayat Raj Act. The applicant applied for the transfer of the case under Sec. 85 of the Act on the ground that he had no confidence in the impartiality of the Nyaya Panchayat. The Sub-Divisional Magistrate allowed the transfer application, withdrew the case and acting under Cl. (iii) of Sec. 85 (1) of the Act transferred the case for trial to the Tahsildar/Magistrate, Second Class, Sikandarabad. The Tahsildar/Magistrate convicted the applicant and sentenced him to a fine of Rs. 5/- and in addition to a fine of Re. 1/- for each day of the occupation after the conviction. The applicant preferred an appeal against his conviction, but the appeal was dismissed by the Assistant Sessions Judge.

(3.) Two interesting questions of law arise in the case: firstly, whether the Sub-Divisional Magistrate could transfer a case of the present nature to another Magistrate and secondly, whether at the time of the first conviction a continuing fine could be imposed.