SRI NATH AND ANR. Vs. BHAGWAN DIN

JUDGEMENT

(1.) THIS is an application under Article 227 of the Constitution of India against the decision of a Panchayati Adalat. Srimati Kunwara and her son, Shri Nath, have been convicted under Section 426, I.P.C. and sentenced to pay a fine of Rs. 25 each.

(2.) THE proceedings started on an application having been given by the opposite -party with the allegations that his nabdan, charhi and mend of his fields have been damaged by the accused and, therefore, he prayed that the applicants be ordered to restore his nabdan, charhi and mend of his fields to their original conditions and that he be awarded compensation. No doubt, in the body of the application certain allegations were made which would amount to allegations of a criminal nature but so far as the relief was concerned, it was purely of a civil nature. The Panchayati Adalat, which heard the case, convicted the accused under Section 426, I.P.C. and sentenced them to pay a fine of Rs. 25 each.

(3.) I consider that the Panchayati Adalat had gone beyond its jurisdiction in convicting the accused and I, therefore, set aside the conviction and sentences. The fine, if paid, shall be refunded.