SHESH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application for quashing the order of the Chief Judicial Magistrate, Nalanda, Bihar dated the 12th September, 1975, taking cognizance against the petitioners for offences under Sections 147, 323 and 426 on the basis of a charge-sheet submitted by the police.

(2.) The only ground on which validity of the order has been challenged is that all these offences are triable by a Gram Cutcherry and that the place of occurrence lies within the jurisdiction of Shahri Gram Panchayat where legally constituted Gram Panchayat and Gram Cutcherry were functioning at the time of occurrence and at the time of submission of charge-sheet in the case and are still legally functioning, A statement as to the existence of Gram Panchayat and Gram Cutcherry has been made in paragraph 7 of the petition. No counter-affidavit has been filed on behalf of the other side.

(3.) When jurisdiction of a Magistrate to try a case is challenged on the ground of existence of a Gram Cutcherry it is desirable that the point should be first raised before him so that he may be able to ascertain whether really there is a Gram Cutcherry or not as alleged by the accused, if it is not done, in that case normally the notification showing constitution of such a Gram Cutcherry should be produced before this Court. That should be done at the time of admission itself. At least when such an allegation is made, a report should be called for from the Magistrate at the time of admission itself whether a Gram Cutcherry as alleged in the petition exists or not. Bo that as it may, as in this case the allegation is not challenged, I allow the application and send the case back to the Magistrate. If really a Gram Cutcherry as alleged in the petition exists, then he will return the charge-sheet to the police and direct the police to act in accordance with the provisions of Section 68 of the Bihar Panchayat Raj Act, 1947 In case the Gram Cutcherry does not exist and it is not functioning, the Magistrate will proceed with the trial.