SHEO MURAR AND OTHERS Vs. STATE

JUDGEMENT

(1.) This is an application in revision under Ss. 435/439 of the Code of Criminal Procedure and under Articles 226 and 227 of the Constitution of India against the order of S.D.M. Malihabad, Lucknow dismissing an application in revision against the order passed by the Panchayati Adalat, Gonda Moazam Nagar.

(2.) It appears that a complaint was instituted under Ss. 379/511/504/506 I.P.C. before the Panchayati Adalat of Gonda Moazim Nagar. The allegations made by the complainant were that his gram crop was being stealthily removed from his field. When he noticed the loss on the 17th March and again on the 18th March, 1952 he made a complaint to the Mukhia who asked him if he suspected anybody of the theft. The complainant told the Mukhia that he had no idea as to who had committed the theft. The Mukhia advised him to keep a watch and find out the culprits. The complainant then sat stealthily near the mend of his field on the evening of the 19th March, 1952, when at about 7 p.m. the four applicants came to the field they had lathis in their hands. They looked on all sides and then started uprooting gram plants, just then the complainant emerged from his hiding and challenged the applicants. The applicants then chased the complainant, abused him and decamped. This was followed by a complaint to the Panchayati Adalat. The Panchayati Adalat find the applicants guilty and imposed a fine of Rs. 30, under Ss. 379/511 and Rs. 25 and Rs. 20 respectively under Ss. 504 and 506 I.P.C. The applicants went in revision under Sec. 85 of the Panchayat Raj Act to the Sub -Divisional Magistrate who dismissed it. They have now come up to this Court in revision.

(3.) It is conceded by the learned Counsel appearing on behalf of the applicants that Sec. 435 Cr.P.C. has no application to this case and the learned Counsel for the applicants has stated that he confines his application to Article 227 of the Constitution.