SUSHAM LATA Vs. JUGAL KISHORE

JUDGEMENT

(1.) This petition is directed against the order dated 28.12.2012 rendered by learned Judicial Magistrate, 1st Class, Court No. 1, Hamirpur in Panchayat Appeal No. 3 of 2011. "Key facts" necessary for the adjudication of this petition are that respondent No. 2 alleged that the petitioner caused damage to her house. She put tarpaulin to protect her property. However, the same was torn by the labourers of the petitioner. Respondent No. 2 reported the matter before the Gram Panchayat, Aghar. Notice was issued to the petitioner on 28.2.2011 by the Gram Panchayat Aghar. The petitioner filed an application before the learned Chief Judicial Magistrate, Hamirpur for seeking transfer of the case from Gram Panchayat Aghar to any other adjoining Gram Panchayat along with an application for staying the proceedings of the case titled Kusum Lata vs. Susham Lata pending before the Gram Panchayat Aghar. Learned Judicial Magistrate, 1st Class, Court No. III, Hamirpur, stayed the proceedings vide order dated 4.5.2011. A notice was issued to the petitioner on 28.5.2011 informing her that though she had agreed before the Gram Panchayat on 16.4.2011 that she would give a new tarpaulin or its price to respondent No. 2 within one month, however, she failed to do so. She was further granted fifteen days' time to do the needful and was ordered to remain present before the Gram Panchayat on 14.6.2011. The Gram Panchayat vide decision dated 14.6.2011 imposed a fine of Rs. 25/- on the petitioner under Sections 288 and 417 of the Indian Penal Code.

(2.) Feeling aggrieved, the petitioner filed an appeal before the learned Judicial Magistrate, 1st Class, Court No. 1, Hamirpur, who dismissed the same on 28.12.2012. Hence, the present petition.

(3.) What emerges from the facts, enumerated hereinabove is, that respondent No. 2 filed a complaint against the petitioner before the Gram Panchayat Aghar that the petitioner damaged her house. Respondent No. 2 in order to protect the property put a tarpaulin, but the same was torn by labourers of the petitioner. The petitioner agreed before the Gram Panchayat that she would give new tarpaulin or its price to respondent No. 2. However, she failed to do so.