BASANT BHAGAT Vs. DASRATH MISHRA

JUDGEMENT

(1.) This is an application against the order of the learned Subdivisional Officer who has cancelled or quashed the order of conviction passed by the Gram Cutcherry against the opposite party under Section 379 of the Indian Penal Code.

(2.) The prosecution case was that the opposite party had stolen a bamboo.

(3.) The point taken before me is that the Sub-divisional officer had no jurisdiction to cancel or quash the order of the Gram Cutcherry convicting the opposite party on the ground that no notice had been issued on the complainant or the State before such an order was passed by the learned Sub-divisional Officer. In my opinion, there is considerable amount of forces in this submission. Section 73 of the Bihar Panchayat Raj Act, 1947, has provided as follows: