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1951 Supreme(All) 188

N.U.BEG
PAHLA – Appellant
Versus
MAKHDOOM – Respondent


Advocates Appeared:
KALBE MUSTAFA

N. U. BEG, J.

( 1 ) THE facts out of which this revision arises lie within a short compass. On 6-3-1950, a complaint was lodged by one Makhdoom against Pahla accused for an offence under Section 379, Penal Code. This complaint was sent to the pancbayat for disposal. On 11-5-1950, the accused gave an application for transfer of the case and cancellation of the jurisdiction of the panchayat under Section 85 (1), U. P. Panchayat Raj Act (XXVI [26] of 1947 ). This application was granted by the Sub-Divisional Magistrate and the case was ordered to be transferred to the court of Mr. S. L. Shukla, a local Magistrate, for trial. In spite of this order the panchayat proceeded to try the accused and on 21-5-1950, passed an order convicting him under Section 379, Penal Code, and sentencing him to pay a fine of Rs. 70 and directing that out of the said fine rs. 40 should be paid to Makhdoom as compensation in respect of the ornament stolen by the accused. According to the case of the accused, he had approached the panchayati adalat and informed its members previous to the date of conviction that an order cancelling its jurisdiction had been passed by the Sub-Divisional Magistrate and in spite








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