GOPALDAS Vs. SEWARAM

JUDGEMENT

(1.) THIS revision petition is directed by Gopaldass and eight other against the order of the Additional Sessions Judge, Jalore dated March 28, 1973 whereby he set aside the order of discharge and reminded the case to the trial Magistrate for holding further inquiry into the matter and passing fresh orders according to law.

(2.) THE fasts leading to this revision petition are that on August 12, 1966 at 5 00 p.m. the accused demolished the construction raised by the complainant and removed the material from the scene of occurrence. The complainant filed a complaint to the court of Sub divisional Magistrate Balotra and lodged a first information report at the police station, Balotra Later on, both these proceedings were consolidated. The petitioners along with others were ordered to be prosecuted under Sections 395, 147, 447, 342, 427 read with Section 149 I.P.C.

(3.) THE learned Additional Sessions Judge, Jalore held that the powers under Section 17 of the Act were delegated to the Collector by notification No. F4(132)SC/A/58/417 dated January 1, 1962. He placed reliance on Kalu v. State of Rajasthan 1972 RLW 230 and observed that the accused were not entitled to the protection of Section 197 Cr.P.C. As regards the protection of Section 79 of the Rajasthan Panchayat Act, the learned Judge held that it depended on the decision of certain questions of facts which required inquiry and leading of evidence by both the parties. With these observations me learned Additional Sessions Judge set aside the order of discharge and remanded the case to the trial court for holding further inquiry and giving a fresh finding on the point whether Section 79 of the Act is attracted or not. The accused have come up in revision before this Court challenging the order dated March 28, 1973 of the Additional Sessions Judge, Jalore.