JIWAN PRASAD Vs. MAHASINGH

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution of India, by a complainant against the revisional order of the Civil Judge, Class I, Mandla, dated 11-9-1968 (Petitioner's Annexure IV), setting aside the conviction of the first and the second respondents who had been found guilty of an offence under section 294 of the Indian Penal Code by the Nyaya Panchayat and had been sentenced to pay a fine of Rs. 30 and Rs. 15 respectively.

(2.) THE present petitioner filed a complaint before the Nyaya Panchayat alleging that the said respondents had committed an offence under section 504 of the Indian Penal Code. After recording of evidence on different hearings and after giving the accused due opportunity to have their say, the Nyaya Panchayat delivered the judgment. Against that judgment the accused filed a revision before the learned Civil Judge who allowed the same on the ground that there had been contravention of section 223 of the Madhya Pradesh Panchayats Act, 1962, inasmuch as it was not established that at least three panchas were present on every date of hearing. THE learned Judge also expressed the opinion that it was not proper to look into the register of attendance maintained by the Nyaya Panchayat but, in his opinion, the order sheets would be conclusive of that fact.

(3.) WE, therefore, allow this petition, quash the order of the learned Civil Judge and direct him to pass a fresh order after holding a proper enquiry and after giving the parties an opportunity to establish or to demolish that fact. WE may further observe that he need not confine his order to the preliminary point raised before him but, if necessary, he should also dispose of the revision on merits. In the circumstances of the case, we direct that there shall be no order as to costs. The amount of security deposited by the petitioner shall be refunded to him. Petition allowed.