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1970 Supreme(MP) 107

BISHAMBHAR DAYAL, P.K TARE
Jiwan Prasad – Appellant
Versus
Mahasingh – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: B.K. Tiwari
For Respondents/Defendant:V.S Pandit for Respondent Nos. 1 and 2

ORDER

Tare, J.

This is a petition under Articles 226 and 227 of the Constitution of India, by a complainant against the revisional order of the Civil Judge, Class I, Mandla, dated 11-9-1968 (Petitioner's Annexure IV), setting aside the conviction of the first and the second Respondents who had been found guilty of an offence under Section 294 of the Indian Penal Code by the Nyaya Panchayat and had been sentenced to pay a fine of Rs.30 and Rs.15 recpectively.

The present Petitioner filed a complaint before the Nyaya Panchayat alleging that the said Respondents had committed an offence under Section 504 of the Indian Penal Code. After recording of evidence on different hearings and after giving the accused due opportunity to have their say, the Nyaya Panchayat delivered the judgment. Against that judgment the accused filed a revision before the learned Civil Judge who allowed the same on the ground that there had been contravention of Section 223 of the Madhya Pradesh Panchayats Act, 1962, inasmuch as it was not established that at least three panchas were present on every date of hearing. The learned Judge also expressed the opinion that it was not proper to look into the register of a




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