BAHARTA MURTIRAM Vs. L M PARANJPE

JUDGEMENT

(1.) THE applicant is a cultivator of mouza Afrid, in tahsil Janjgir. Upon a complaint of two persons that the applicant was causing his cattle to trespass into the fields of the village, the Gram Panchayat of the village called upon the applicant to explain his conduct. On denial of the facts against him, the Gram Panchayat lodged a complaint against him before the Nyaya Panchayat. The applicant was fined by the Nyaya Panchayat under Section 51, C. P. and Berar Panchayats Act, 1947 (I [l] of 1947 ).

(2.) AGAINST the order of the Nyaya Panchayat, the petitioner applied in revision under Section 83, Panchayats Act before the Civil Judge, Class I, empowered under Section 83 and Section 101 of the Panchayats Act. The learned Civil Judge declined to interfere with the order of the Nyaya Panchayat, holding that he had no jurisdiction to entertain the revision. The learned Civil Judge took the view that a proceeding under Section 51 does not amount to a criminal case within the meaning of Section 83.

(3.) UNDER Sub-section (3) of Section 83, a Sessions Judge may call for and examine the record of any criminal case before a Nyaya Panchayat within the local limits of his jurisdiction for the purpose of satisfying himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed as to the regularity of any proceedings of such Nyaya Panchayat.