ALI KHAN Vs. KRISHNA PRASAD JANA

JUDGEMENT

(1.) THE petitioners in this case were convicted under section 323 of the Indian Penal Code by the Union Bench, Ghatua and sentenced to pay a line of Rs. 5/ -. The trial before the Union. Bench was under the provisions of Chapter VII of the Bengal Village Self-Government Act V of 1919. Against the aforesaid order of conviction and sentence an application was made before the Sub-Divisional Magistrate, Contai, who under the provisions of section 71 of the Act set aside the order of conviction and sentence and sent the case back to the same Bench for fresh disposal after compliance with the mandatory rules. It is against this order of the learned Sub-Divisional Magistrate that the present Rule is directed.

(2.) MR. Manishi Kumar Das, appealing in support of the Rule argues that the order for re-hearing by the Union Bench, as directed by the learned Sub-Divisional Magistrate was without Jurisdiction. It is argued that even conceding that the learned Sub-Divisional Magistrate, in the circumstances of the case, had jurisdiction to order a re-trial, he should have directed a retrial by a Court of competent jurisdiction subordinate to him and not to the Union Bench.

(3.) IN my judgment the Rule must be made absolute.