ALGOO RAM PRADHAN Vs. TEJAI RAM

JUDGEMENT

(1.) THIS is an application Under Section 482, Cr. PC

(2.) ON 15-7-1974 Tejai Ram, opposite party No. 1, filed a complaint against Algoo Ram and Kedar applicants Under Section 379 IPC before the Nyaya Panchayat, Sikandara, within Police Station Tharwai, district Allahabad. In Oct. , 1974 there took place election in the village for the offices of the Pradhan and Sadasya Gaon Sabha. Algoo Ram applicant No. 1 was elected Pradhan. Kedar was elected Sadasya. On 25-111974 the Nyaya Panchayat found Algoo Ram and Kedar guilty of the offence Under Section 379, IPC and convicted them. Algoo Ram and Kedar filed a revision Under Section 89 of the U. P. Panchayat Raj Act, 1947 before the Sub-Divisional Magistrate, Phoolpur. The Sub-Divisional Magistrate decided the revision on 15-10-1975, set aside the order of conviction passed by the Nyaya Panchayat, Sikandara and remanded the case to the said Nyaya Panchayat for deciding the case again. Thereafter Algoo Ram moved an application for transfer of the case Under Section 85 of the U. P. Panchayat Raj Act before the Sub-Divisional Magistrate, Phoolpur. By the order dated 28-4-1and76 the Sub-Divisional Magistrate transferred the case from Nyaya Panchayat, Sikandara to Nyaya Panchayat Bahoria for disposal. On 1-7-1976 the present application was moved in this Court.

(3.) SRI Jagdish Singh, counsel for the applicants, contended that after the applicants had been elected Pradhan and Sadasya of the Gaon Sabha, the Nyaya Panchayat ceased to have jurisdiction to decide the criminal case Under Section 379, IPC and that the case stood transferred to the court of a regular Magistrate competent to try the case. In other words, he assails the order passed by the Sub-Divisional Magistrate, Phoolpur, on 15-10-1975 setting aside the order of conviction of the applicants by the Nyaya Panchayat, Sikandara and remanding the case to the said Nyaya Panchayat for disposal again according to law.