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1969 Supreme(All) 263
ALLAHABAD HIGH COURT
H.C.P. TRIPATHI, J.
Fateh Singh - Appellant
Versus
Nyaya Panchayat - Respondent
Civil Misc. Writ No. 3470 of 1964.
Decided On : 18-02-1969
Ram Prasad Singh, Advocate, for the Applicants; Standing Counsel, for the Opposite Parties
JUDGMENT
H. C. P. Tripathi, J. - This writ petition is directed against an order of the Nyaya Panchayat (respondent No. 1) convicting the petitioners for offences under Section 100 of the Panchayat Raj Act and Section 174 of the I.P.C. and sentencing them each to pay a fine of Rs. 10 and Rs. 25 under those counts respectively. It has been further directed that the petitioners shall pay Re. 1 per day as fine with effect from February 18, 1963 to April 21, 1963.
2. I have heard the learned counsel for the petitioners.
3. The Panchayat has directed the petitioners to pay a further fine of Re. 1 each day from February 18, 1963 to April 21, 1963. This, the Panchayat could not have done within the meaning of Section 100(b) of the Panchayat Raj Act. The order of conviction in this case was passed on February 17, 1963. Therefore unless there was a proof that in spite of his conviction on Feb. 17, 1963, the petitioners persisted in their offence, there could be no conviction under sub-section (b) of Section 100. As it is composite order convicting the petitioners as well as sentencing them to a further fine, the order directing the levy of further fine is illegal and must be quashed.
4. In the result while uphold the conviction and sentences of the petitioners under Section 100, Panchayat Raj Act and Section 174 I.P.C., I quash that part of the order which directs them to pay a continuing fine of Re. 1 per day for the period February 18, 1963 to April 21, 1963. There will be no order as to costs.
