DHANI RAM Vs. SUB-DIVISIONAL JUDGE

JUDGEMENT

(1.) The facts, giving rise to this petition, under Articles 226 and 227 of the Constitution of India, are as under :

(2.) Shri Het Ram, respondent No. 5, Sarpanch, Nyaya Panchayat, Himri, Sub-Tehsil Kotkhai and other Panches, constituting Bench No. 1 of the Nyaya Panchayat, had gone to village Rewag for demarcating the land of Shri Moti Ram. The land of the petitioners adjoined the land of Shri Moti Ram. The petitioners were alleged to have interrupted the proceedings, relating to the demarcation of land and also to have Insulted the members of Bench No. 1. Shri Het Ram, Sarpanch, filed a complaint under Section 228 I. P. C., against the petitioners, In the Nyaya Panchayat, about the alleged contempt. He also issued notices to the petitioners and constituted Bench No. 3, of the Nyaya Panchayat, consisting of respondents Nos. 2 to 4, for the trial of the complaint. The petitioners were proceeded against ex parte as they did not appear despite service of summonses. The complaint was heard in their absence and was decided on the 24th February, 1963. The petitioners were held guilty, under Section 228 I. P. C., by Bench No. 3, and were fined Rs. 10/- each.

(3.) During the pendency of the complaint, the petitioners had, on the 16th February, 1963, moved the Sub-Divisional Judge, Theog, for quashing the proceedings, initiated on the complaint, or In the alternative, for the transfer of the case to his Court. The Sub-Divisional Judge issued notice to Bench No. 3 and also called for report, for the 7th March, 1963. The complaint was, in the meanwhile, disposed of, by the Bench, on the 24th February, 1963. In view of the disposal of the complaint, the application of the petitioners, filed before the Sub- Divisional Judge, was rejected as having become infructuous, on the 18th April, 1963.