Y.V.CHANDRACHUD, S.P.KOTVAL, P.S.MALVANKAR
RANGNATH – Appellant
Versus
DNYANDEO – Respondent
KOTVAL C. J. - This criminal revision application has been referred to a Full Bench because it involves the decision of an important and an oft recurring question as to the proper interpretation of section 88 of the Bombay Village Panchayats Act, 1958 (Bombay Act No. III of 1959).
2. Rangnath Sakharam Pawar the applicant along with Baban Bhagaji Gorane opponent No 2 were charged with offences under sections 323, 447, 504 and 506 [Part (I)] all read with section 34 of the Indian Penal Code before the Judicial Magistrate, First Class, Shrirampur in Criminal Case No. 1135 of 1968. The Magistrate decided to issue summons only under section 323 read with section 34, Indian Penal Code. Before evidence on behalf of the complainant could be recorded, however, a preliminary objection came to be raised on behalf of the accused. The objection was that the Judicial Magistrate, First Class, Shrirampur, had no jurisdiction to try those offences because they were offences which were mentioned in section 75 of the Act and, therefore, by virtue of the provisions of section 88 of the Bombay Village Panchayats Act the jurisdiction of the Magistrate was barred. Reliance was also placed before
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