STATE Vs. GIAN SARUP

JUDGEMENT

(1.) The following questions have been referred to this court by the Chief Judicial Magistrate, Solan, on 30th December, 1981 Whether a court of Magistrate can try a case involving offence which is exclusively triable by a Gram Panchayat and trial whereof is barred under Section 198 of the H. P. Panchayati Raj Act. If so under what circumstances ;

(2.) Whether an order under Section 40S Cr. P. C. can confer jurisdiction on a magistrate to try a case involving offences exclusively triable by the Gram Panchayat. This reference arises out of the following facts as have been narrated in the reference order, 2. A case under Section 323 of the Indian Penal Code was pending before the Gram Panchayat, Kathon. An application under Section 408 of the Code of Criminal Procedure (hereinafter called the Code) was filed before the Sessions Judge for transfer of the case from the Gram Panchayat to the court of Chief Judicial Magistrate, Solan, on the ground that another case regarding the same occurrence was pending before the court of Chief Judicial Magistrate Solan The Sessions Judge vide his order, dated 26th August, 1981, transferred the case from the Gram Panchayat, Kathon, to the court of Chief Judicial Magistrate Solan, for trial.

(3.) The Himachal Pradesh Panchayati Raj Act (Act No. 19 of 1968 amended by Act No. 10 of 1978) is a State legislation but both these Acts of 1 68 and 1978 received the assent of the President of India. The Code of Criminal Procedure is also a Central Act,