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Allahabad High Court · body

1953 DIGILAW 141 (ALL)

Rafiq Khan v. State of U. P.

1953-07-08

ASTHANA

body1953
ORDER :- The applicants. Rafiq and Shafiq alone with one Abdul Hafiz Khan, were tried by the Panchayati Adalat of Raghunathpur under Ss. 352, 447 and 426, I.P.C. They all were convicted under each of these sections and were sentenced to fine. Against this order a revision was filed before the Sub-Divisional Magistrate of Puranpur under Section 85, Panchayat Raj Act. The learned Sub-Divisional Magistrate quashed the conviction of one of them, namely, Abdul Hafiz Khan and in respect of the other two accused, namely, Rafiq Khan and Shafiq Khan he maintained their conviction under S. 447, I.P.C. but quashed their conviction and sentence under the other two sections. The present application has been made by Rafiq and Shafiq for a writ of certiorari quashing the order of the Sub-Divisional Magistrate on the ground that it was against the provisions of S. 85, Panchayat Raj Act. This section provides that a Sub-Divisional Magistrate may for reasons to be recorded in writing either cancel the jurisdiction of the Panchayati Adalat with regard to any suit, case or proceeding, or quash any decree or order passed by the Panchayati Adalat at any stage. 2. It has been argued on behalf of the applicants that the learned Sub-Divisional Magistrate had no jurisdiction to modify the order passed by the Panchayati Adalat. He could either quash the entire order or lie could cancel the jurisdiction of the Panchayati Adalat. In support of his contention he has relied on - Raghunandan Singh v. The State, AIR 1952 All 668 (A). It was held in this case that the order passed by a Panchayati Adalat could not be interfered with in any other manner except as provided in S. 85. 3. In this case the Panchayati Adalat had convicted the applicants and two other persons for offences under S. 24, Cattle Trespass Act and S. 323. Penal Code and had fined each of them Rs. 20/- for both the offences. A revision was filed before the Sub-Divisional Magistrate, and he acquitted two of the convicted persons and reduced the fine of the other three who had made the application. The order passed by the Sub-Divisional Magistrate modifying the decision of the Panchayati Adalat was held to be in contravention of S. 85 and was quashed in the aforesaid decision. 4. A revision was filed before the Sub-Divisional Magistrate, and he acquitted two of the convicted persons and reduced the fine of the other three who had made the application. The order passed by the Sub-Divisional Magistrate modifying the decision of the Panchayati Adalat was held to be in contravention of S. 85 and was quashed in the aforesaid decision. 4. I am, therefore, of the opinion that the order of the learned Sub-Divisional Magistrate dated 20-12-1952 should be quashed, as it is against the provisions of S. 85, Panchayat Raj Act. It is accordingly quashed and the learned Magistrate is directed to decide the case according to law. Case remanded.