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2012 DIGILAW 953 (HP)

Salig Ram v. State of Himachal Pradesh

2012-12-10

V.K.AHUJA

body2012
JUDGMENT V.K.Ahuja, J The petitioner has filed the present petition under Section 482 Cr.P.C., for setting aside the order passed by the learned Sessions Judge, Solan, dated 1.8.2012, vide which he has dismissed the petition under Section 397 Cr.P.C., filed against the order passed by the learned Judicial Magistrate Ist Class, Court No. 1 Kasauli, dated 19.9.2011. 2. By the impugned order, the learned Judicial Magistrate Ist Class, Court No. 1, Kasauli, had assigned the case pending before him under Sections 341, 323, 506 I.P.C. to Gram Panchayat Garkhal Sanawar for trial. 3. The petitioner had also prayed before the learned Sessions Judge in the said revision petition that the case be transferred to some other Panchayat, since the petitioner has some litigation with the Gram Panchayat and the learned Sessions Judge had observed that in case the petitioner is apprehending that he will not get justice from Gram Panchayat Garkhal Sanawar, with whom he is having litigation, then the proper course for the petitioner is to approach the learned Magistrate for transfer of the said case from Gram Panchayat Sanawar to some other Panchayat. 4. I have heard learned counsel for the parties and have gone through the record of the case. 5. Insofar as the first prayer made by the petitioner is concerned that the offence under Section 506 I.P.C. is not triable by the Gram Panchayat since it has become a non-bailable offence, in view of the notification issued in 1980. It is shown in the schedule of cases triable by the Panchayat that Section 506 I.P.C. is triable by the Gram Panchayat and, therefore, there is no substance in this plea. Hence, the plea is rejected. 6. Insofar as the second plea made by the petitioner that his case should be transferred to some other Panchayat, in regard to this prayer that the same prayer should have been considered by the learned Sessions Judge rather than asking the petitioner to approach the learned JMIC. Since the other relief could have been granted in the revisional jurisdiction by the learned Sessions Judge, keeping in view the fact that the petitioner was apprehending that he will not get justice from Gram Panchayat Garkhal Sanawar, with whom he is having litigation. This plea is accepted and the case mentioned above is assigned to Gram Panchayat Garkhal Kasauli, which is nearby Panchayat, for trial in accordance with law. This plea is accepted and the case mentioned above is assigned to Gram Panchayat Garkhal Kasauli, which is nearby Panchayat, for trial in accordance with law. The Gram Panchayat Garkhal Sanawar shall send the record to the transferee Court, i.e. Gram Panchayat, Garkhal Kasauli, so that the trial can go on. 7. A copy of this order be sent for information to the learned Sessions Judge, Solan, and Judicial Magistrate Ist Class, Court No. 1 Kasauli. The record shall be sent within fifteen days by the Gram Panchayat Garkhal Sanawar to the transferee Court and the said transferee Court thereafter shall fix a date for hearing of the case and shall proceed in accordance with law. 8. In view of the above, the petition stands disposed of, so also the pending miscellaneous application(s), if any.