DUNGARMAL Vs. S D M RATANGARH

JUDGEMENT

(1.) THESE are two connected applications under Art. 226 of the Constitution by Maghraj (No. 12) and Dungarmal (No. 13) praying for writ of certiorari cancelling the orders of the panchayat at Parihara, and the Sub-divisional Magistrate Ratangarh, dated 28th July, 1952, 6th of October, J952, and 13th of March, 1953.

(2.) THE facts, which have led to these applications, may be briefly narrated. Shobha-chand, opposite party filed a complaint, under sec. 504 of the Indian Penal Code, against the two applicants before the village Panchayat Parihara THE panchayat had jurisdiction, under sec. 19 of the Bikaner State Village Panchayat Act (No. III) of 1928, to deal with a complaint under that section. THE complaint was dismissed by the panchayat on the 2nd of November, 1951, and the accused were acquitted. THEreafter, Shobhachand took the matter further on, and the case reached the Sub-divisional Magistrate, Ratangarh, in revision. That revision was decided by the Sub-divisional Magistrate on the 28th of July. 1952, and he set aside the acquittal, and remanded the case for re-writing the judgment, THE matter went back to the panchayat, and then on the 6th October, 1952, the panchayat convicted the two applicants. This time the two applicants went in revision to the Sub-divisional Magistrate. THE revision was dismissed, and consequently the present application were filed in May, 1953.