RADHE LAL Vs. THE STATE

JUDGEMENT

(1.) A money suit filed by the Applicant (Radhe Lal) was pending in the Nyaya Panchayat Sihani Kalan against one Akbar Khan. The latter had appointed his brother Wahid to do pairvi on his behalf. On 25 -9 -63 when the case was taken up by the Panchayat, the Applicant challenged their authority insulted and abused the Panches. The Panches concerned as well as the Nyaya Sarpanch presented a complaint before the SDM, Ghaziabad under Sec. 228 IPC. The SDM transferred the case to the Judicial Magistrate, who summoned the accused (Radhe Lal). He challenged the jurisdiction of the Magistrate to entertain the complaint inter alia on the ground that it was exclusively cognizable by the Nyaya Panchayat. The Magistrate did not accept this contention, whereupon the Applicant went up in revision before the Sessions Judge, who dismissed the same by his order dated 23 -9 -1964; hence this revision.

(2.) Mr. D.P. Mittal has raised several points. His first contention is that under Sec. 94 -A of the UP Panchayat Raj Act (hereinafter referred to as the Act) if any person has intentionally insulted a Nyaya Panchayat or any member thereof, during judicial proceedings, the Nyaya Panchayat may at any time before rising take cognizance of it and impose a fine not exceeding Rs. 5/ -. Mr. D.P. Mittal has invited my attention to the provisions of Sec. 52 of the Act which lays down:

(3.) In this connection reference may also be made to the provisions of Sec. 55(1) of the Act, which runs thus: