INDRA PATI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) .

(2.) THIS criminal revision is directed against the order dated 27 -7 -1984, passed by the Judicial Magistrate II, Jaunpur, initiating an inquiry against the applicant, Indrapati Singh, at the instance of Chauthi, Ram Samujh, Mahabir and Nirahu, opposite parties 2 to 5 in pending Revision No. 4 of 1984; Chauthi v. Indrapati Singh Briefly stated, the facts giving rise to this revision are that opposite parties 2 to 5 were convicted and sentenced to pay fine of Rs. 500/ - each in a case under Sections 504, 506 and 379, IPC decided on 15 -8 -1981, in Criminal Case No. 1 of 1981 Jangbahadur v. Chauthi by the Nyaya Panchyayat, Badlapur, district Jaunpur. Chauthi and others filed revision against the aforesaid order which is pending disposal before the Judicial Magistrate II, Jaunpur. The necessary formalities were complied with the opposite parties 2 to 5 for summoning the record of the Nyaya Panchyayat. Despite several letters from the Magistrate, the record of the case was not sent to his court by the present applicant, who was the Sarpanch of the aforesaid Nyaya Panchyayat, and, in the capacity of Sarpanch, he was the custodian of the record. The applicant sent the record only when a warning was issued by the aforesaid Magistrate that he will be prosecuted if the order of the court was not complied with. On 19 -8 -1983, Chauthi, opposite parly no. 2, moved an application before the Judicial Magistrate II, Jaunpur alleging that the record of the Nyaya Panchayat was forged and he prayed that an inquiry be held whether the said record was forged or genuine and also prayed that the hearing of the revision filed by him and others be stayed till then. The Magistrate was pleased to issue notice to the Sarpanch, the present applicant, to appear before him. Indrapati Singh, appeared before the Magistrate and moved an application on 17 -1 -1984 and prayed that the application dated 19 -8 -1983 by Chauthi be dismissed, because firstly his conduct, while acting as Sarpanch, can not be enquired into in the revision, which was pending before the said magistrate and secondly that an enquiry regarding genuineness of the record of the Nyaya Panchyayat could only be held under Section 340, CrPC and since Section 83 of the U. P. Panhyayat Raj Act provides that the provisions of the Code of Criminal Procedure will not be applicable to the proceedings before the Nyaya Panchayat, inquiry contemplated under Section 340, CrPC cannot be held. The learned Magistrate rejected this application of the applicant on 27 -7 -1984. Feeling aggrieved by this order, the applicant has preferred this revision. Section 83 of the Panchayat Raj Act reads :

(3.) AS discussed above, I am of the view that the Magistrate is competent to launch this type of inquiry to ensure that the genuine record has been sent to him by the Sarpanch.