RAM PARKASH Vs. NYAYA PANCHAYAT

JUDGEMENT

(1.) This is a petition, under Article 227 of the Constitution of India. The facts. giving rise to the petition, are as follows .

(2.) A complaint, under Section 323/504 I.P.C., was filed, in the Nyaya Panchaval, Lakhanpur, against the petitioner and other persons, including his mother. The complaint was fixed for hearing for 7-7-1964. On that date, the mother of the petitioner was not present. The petitioner had made an application that his mother may be exempted from personal attendance, as she was a pardahnashin lady and a Panch may be deputed to record her statement Shri Munshi Ram Panch, who was a member of the Bench of the Nyaya Panchayat, constituted for the purpose of trying the complaint, was appointed for recording the statement of the mother of the petitioner. There was some dispute, between the petitioner and the Bench, about the fee to be paid to Shri Munshi Ram. The Bench had got annoyed with the petitioner, on that account.

(3.) On 7-8-1964, the petitioner had received a notice, from the Bench, trying the complaint, informing the petitioner that he had abused and offered insult to the Bench on 7-7-64 and that he had been convicted under Section 228 I.P.C., and sentenced to pay a fine of Rs. 75. The petitioner was directed to deposit the amount of fine, in the office of the Panchayat, within thirty days. The notice was a surprise to the petitioner as he had not committed any offence under Section 228, I.P.C., and was never tried for that offence. The petitioner, after obtaining a copy of the order of the Bench, appealed to the Full Bench of the Nyaya Pauchayat. His appeal was dismissed. A revision to the Sub-Divisional Judge met the same fate.