RAGHUBAR DAYAL, J.

( 1 ) THIS is an application by Abdul Aziz praying for the transfer of a case under Section 323, penal Code, pending against him in the Court of Bench Magistrates, Hapur, to some other Court having jurisdiction to try the same or for the passing of such order as may be considered expedient. The application is described as one under Section 526, Criminal P. C. , read with article 227, Constitution of India.

( 2 ) UNDER Section 52, U. P. Panchayat Raj Act XXVI [26] of 1947, an offence under Section 323, penal Code, is cognizable by a Panchayati Adalat within whose jurisdiction it is committed. Section 56 of the Act is : "if at any stage of the proceedings in a criminal case pending before a Magistrate it appears that the case is triable by a Panchayati Adalat, he shall at once transfer that case to the Panchayati adalat which shall try the case de novo. " it is, therefore, clear that the Magistrates concerned should have transferred this case under section 56 of the aforesaid Act to the Panchayati Adalat having jurisdiction over it. They had no choice to go on with the trial of this case.

( 3 ) THE applications which were presented to the Bench Magistrates for the

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