RANGNATH SAKHARAM PAWAR Vs. DNYANDEO BABURAO KAKADE

JUDGEMENT

(1.) THIS criminal revision application has been referred to a Full Bench because it involves the decision of an important and an oft recurring question as to the proper interpretation of Section 88 of the Bombay Village Panchayats Act, 1958 (Bombay Act No. III of 1959).

(2.) RANGNATH Sakharam Pawar the applicant along with Baban Bhagaji Gorane the opponent No. 2 were charged with offences under Sections 323, 447, 504 and 506 (Part(1)) all read with Section 34 of the Indian Penal Code before the Judicial Magistrate. First Class, Shrirampur in Criminal Case No. 1135 of 1968. The Magistrate decided to issue summons only under Section 323 read with Section 34 IPC. Before evidence on behalf of the complainant could be recorded, however, a Preliminary objection came to be raised on behalf of the accused. The objection was that the Judicial Magistrate, 1st Class. Shrirampur, had no jurisdiction to try those offences because they were offences which were mentioned in Section 75 of the Act and therefore by virtue of the provisions of Section 88 of the Bombay Village Panchayats Act the jurisdiction of the Magistrate was barred. Reliance was also placed before the Magistrate upon the judgment of Mr. Justice Kamath in Anna Raghu Patil v. State of Maharashtra (1969) 71 Bom LR 496 in which it has been held that the bar of jurisdiction of the regular Criminal Courts under the Code of Criminal Procedure enacted by Section 88 to take cognisance of offences specified in Section 75 of the Bombay Village Panchayat Act was complete and absolute and it was not dependent upon the establishment or existence of a Nyaya Panchayat for the area in question.

(3.) THE learned Magistrate overruled the preliminary objection. He relied upon the provisions of Section 63 and Section 64 (2) and (3) of that Act and held that the plain reading of Section 64 (3) of the Panchayat Act makes it clear that unless a Nyaya Panchayat is invested with powers to try certain offences mentioned in Section 75 of the Panchayat Act a Nyaya Panchayat ipso facto on its establishment cannot take cognisance of and try all the offences mentioned in Section 75 of the Panchayat Act. As regards the decision in Anna Raghu Patil's case (1969) 71 Bom LR 496 the learned Magistrate distinguished it on the ground that in that case no Nyaya Panchayat had been established for the area in question while in the case before him a Nyaya Panchayat had been established and was functioning but only the jurisdiction to take cognisance of the offences in the case (i. e. Section 323/34 IPC) before him had not been conferred upon it. He therefore held that he could proceed with the trial before him. That order passed on the preliminary objection is being challenged in the present Criminal Revision Application.