Naqui Imam, J.

1. These two cases have been heard together, namely, Criminal Reference No. 11 of 1954 and Criminal Miscellaneous No. 138 of 1954. Both these cases are concerned with the same matter so this judgment will govern both these cases. Criminal Reference No. 11 of 1954 was referred to this Court by the learned Sessions Judge of Saran and Criminal Miscellaneous No. 138 of 1954 was filed in this Court under Articles 226 and 227 of the Constitution.

2. The prosecution case in short appears to be that Jirakhan Sah, a resident of village Sukurwalia within the Mirganj police station had instituted a criminal case under Sec.358, Penal Code, against Nakchhed Bhagat, Harihar Prasad and Keshwar Bhagat, all residents of the same village, in the court of the Kuar Bathua Gram Panchayat, these persons being residents within the jurisdiction of this Panchayat. It is alleged by the prosecution that Chandradeo Sah, son of the opposite party, was insulted and abused. The Sub-Divisional Magistrate of Gopalganj was moved and it is said that the learned Sub-Divisional Magistrate withdrew the case from the court of the said Panchayat and transferred it to the Bathua Bazar Panchayat Cutc