STATE OF MADHYA PRADESH Vs. SHANKARLAL DARIYAV

JUDGEMENT

(1.) THE Magistrate, First Class, Raipur, by order, dated 5. 2. 1965, rejected the objection of the accused persona that the complaint should be returned for being presented to the Nyaya Panchayat having jurisdiction to entertain the same. The Second Additional Sessions Judge, Raipur, has made this reference recommending the quashing of the said order.

(2.) THE facts of the case are: Gulabsingh, Ron applicant; No. 8 (hereinafter referred to as 'party No. 1') filed a complaint before the Magistrate under Section 426, 427 and 430 of the Indian Penal Code on the ground that the non-applicants 1 and 2, Shankerlal and Rameshwar (hereinafter referred to as 'party No. 2') maliciously closed the sleaves of a tank from which the complainant's field a were irrigated and thereby caused damage to the extent of Rs. 1,500/ -. The Magistrate examined the complainant under Section 200 of the Code of Criminal Procedure and decided to proceed with the enquiry for an offence under Section 430, I. P. C. only. At tibia stage, an objection was raised that the offence under Section 430, I. P. C. was exclusively triable by the Nyaya Panchayat constituted under the Central Provinces and Berar Panchayats Act, 1946 (Act No. 1 of 1947) State of Madhya Pradesh vs. Shankarlal Dariyav and Ors. (18. 03. 1966 -MPHC) Page 2 of 6 ya Pradesh vs. Shankarlal Dariyav and Ors. (18. 03. 1966 -MPHC) Page 2 of 6 (hereinafter referred to as 'the Act') and that the complaint should be returned to be presented to the Nyaya Panchayat.

(3.) THE Magistrate rejected the objection on the ground that the complaint on the face of it was for offence under Section 426, 427 and 430, I. P. C. As the damage alleged was for an amount exceeding Ra. 50/. the Nyaya Panchayat had no jurisdiction to entertain the complaint. Under Section 72 of the Act a Magistrate is called upon to return the complaint only if it relates to any offence triable by the Nayaya Panchayat. If the complaint on the face of it does not relate to the offences triable by the Nyaya Panchayat and if the Magistrate takes cognizance of the offence, it is not necessary to return the complaint to be presented to the Nyaya Panchayat, if after making certain enquiries the Magistrate decides to confine the enquiry to any particular offence which is triable by the Nyaya Panchayat.