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1962 Supreme(All) 185

S.N.DWIVEDI, N.U.BEG
RAM RAJ – Appellant
Versus
STATE – Respondent


Advocates Appeared:
BRIJESH KUMAR, H.D.Srivastava, Saghir Ahmad, UMESH CHANDRA

N. U. BEG, J.


( 1 ) THIS application under Article 227 of the Constitution of India has been made by three persons, viz. , Ram Raj, Ram Prasad and Jot Narain. The three applicants were arrayed as accused persons in a complaint filed by one Smt. Jagdei under Sections 323, 447 and 506 of the indian Penal Code before the Nyaya Panchayat, Naubasta, district Gonda. During the pendency of this complaint before the Nyaya Panchayat the three applicants made an application under section 85 of the U. P. Panchayat Raj Act before the Sub-Divisional Magistrate, Gonda, for the transfer of the case from the said Panchayat. On the 3rd of June, 1957, the Sub-Divisional magistrate, Gonda passed a stay order directing that proceedings in the Nyaya Panchayat should be stayed. The stay order has not been filed by any of the parties in these proceedings. It is, however, agreed before us that such a stay order was passed by the Sub-Divisional Magistrate, gonda. The petitioners case is that on the same date i. e. , the 3rd of June, 1957, they sent a copy of this order to the Nyaya Panchayat, Naubasta, by registered post. This intimation was received by the nyaya Panchayat on the 7th of June, 1957. One day




















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