DAMODAR PRASAD SINGH Vs. BAIJNATH SINGH AND ORS.

JUDGEMENT

(1.) Damodar Prasad Singh, petitioner lodged a first information report before the Officer -in -charge of Begusarai Police Station on the 7th October, 1965, at 2 P.M. making allegations against the opposite party which constituted offences under Ss. 147 and 323, Indian Penal Code. Investigation proceeded. During the course of investigation, a protest petition was filed. Subsequently on completion of the investigation, police submitted a report that the case was false. The informant was examined on solemn affirmation on the basis of the protest petition already filed by him. After hearing both the parties, the learned Sub -divisional Magistrate passed a long order holding that there were sufficient materials on the record to support the prosecution case and to proceed with the matter. Accordingly, he took cognizance of offences under Ss. 147 and 323, Indian Penal Code. He transferred the case to the court of Mr. J. Nath, Munsif -Magistrate, First Class, Begusarai for favour of disposal. This order was passed on 21.7.1966. After the aforesaid order taking cognizance was passed, the complainant filed a petition that though the case was triable by Gram Panchayat, for the ends of justice the case should be tried by a regular criminal court at Begusarai. He, therefore, prayed that the jurisdiction of the Gram Panchayat may be cancelled. On this the learned Magistrate passed the following order: - -

(2.) Sec. 68 of the Bihar Panchayat Raj Act reads as follows: - -

(3.) In support of the above view, a reference can be made to a decision of the Supreme Court in (1) Baldeo Singh and others V. State of Bihar and others ( : A.I.R. 1957 S.C. 612). In that case while dealing with the question regarding constitutional validity of Sec. 62 of the Act, S.K. Das, J. observed thus - -