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1954 Supreme(All) 100

MALIK, V. BHARGAVA
TEJ BAHADUR SINGH – Appellant
Versus
STATE THROUGH DATA DIN – Respondent


Advocates Appeared:
Shanker Sahai Verma, Kedar Nath Sinha, D.P. Uniyal

JUDGMENT

V. Bhardwaj, J.

[1] The petitioners, Tej Bahadur Singh, Jang Bahadur Singh and Raj Narain Singh, were convicted for offences punishable under Sections 447 and 506, Penal Code, by Opposite Party No. 3, the Panchayati Adalat of Sarai Haidar Shah, pergana Amethi, district Sultanpur, on a complaint made before the Panchayati Adalat by Data Din Dhobi opposite party No. 1 and sentenced to fines of Rs. 25/- and Rs. 10/- each for the two offences respectively. After the conviction by the Panchayati Adalat, the petitioners moved a revision before opposite party No. 2, the Sub-Divisional Magistrate of Amethi but that revision was dismissed. The petitioners, consequently, moved this petition under Article 227 of the Constitution, challenging the validity of their conviction.

[2] The first point, that has been urged by learned counsel for the petitioners, is that the provisions relating to trial of criminal cases by a Panchayati Adalat under the U. P. Panchayat Raj Act, 1947, are ultra vires of the legislature inasmuch as the U. P. Legislature had no power to legislate on this subject. Learned counsel referred to the preamble of the U. P. Panchayat Raj Act which is as follows :

"Preambl












































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