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1962 Supreme(SC) 16

RAGHUBAR DAYAL, J.L.KAPUR
Palakdhari Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
C.P.LAL, G.C.MATHUR, K.P.GUPTA

Judgment

KAPUR, J. : This appeal raises the question of the applicability of S. 70 of the Indian Penal Code to fines imposed in convictions for offences under the Indian Penal Code but tried by Tribunals called the Panchayati Adalats, now known as Nyaya Panchayats.

2. The appellants were convicted by a Panchayati Adalat on February 5, 1950, for an offence under S. 379 of the Indian Penal Code and were sentenced to a fine of Rs. 75/- each. A revision against that order was taken to the High Court which was dismissed on May 13, 1953. In January 1958, proceedings were taken for the recovery of the fine imposed against the appellants by the Panchayati Adalat. In a revision against that order an objection was raised that the fine was not recoverable as it was barred by S. 70 of the Indian Penal Code. The learned Sub-Divisional Magistrate by his order dated February 6, 1958, held the recovery of the fine to be barred under that section. But a revision was taken to the District Magistrate who recommended the setting aside of the order of the Sub-Divisional Magistrate on the ground that there was no period of limitation. The High Court by its order dated September 7, 1959 accepted the recomm









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