LexSHARANJIT KAUR & ANR. versus STATE OF PUNJAB
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[2013] 8 S.C.R. 1071 SHARANJIT KAUR & ANR. v STATE OF PUNJAB (Criminal Appeal No. 811 of 2013 etc.) JULY 1, 2013 (P. SATHASIVAM AND M.Y. EQBAL, JJ.) A B Punjab Panchayati Raj Act, 1994 - ss. 4(2), 5, 44-51, 71 and 77 - Jurisdiction of Gram Panchayat - To try offences uls. 420 /PC - Held: Jurisdiction of Gram Panchayat is in C addition to the Courts established under any other law - The jurisdiction conferred on the Gram Panchayat cannot take away power of police - Till the stage of completion of investigation , Gram Panchayat has no jurisdiction - Unless the case is transferred to Gram Panchayat u/s. 45, it does not D get jurisdiction over the case, unless the offence is one mentioned in s.47(3) - In the present case, the offence uls. 420 /PC, where allegations are of serious nature, should be tried by regular criminal Court - Penal Code, 1860 - s.420 - Code of Criminal Procedure, 1973 - ss. 4 and 5 - Gram E Nyayalayas Act, 2008 - s.3(3) - Constitution of India, 1950 - Articles 243A and 243N. The question for consideration in the present appeals was whether in view of ss.4(2), 5, 44-51, 71 and 77 of Punjab Panchayati Raj Act, 1994, the original proceedings u/s. 420 IPC were sustainable. Dismissing the appeals, the Court F HELD: 1. Though civil and criminal jurisdiction has G been conferred upon the Gram Panchayats, no qualification etc., has been provided for panchas. Therefore, the power of the police cannot be abridged or taken away under any circumstances. A new Act, viz., 1071 H 1072 SUPREME COURT REPORTS [2013] 8 S.C.R. A Gram Nyayalayas Act, 2008 has been enacted and has been made applicable to many States including Punjab. The new Act of 2008 also brings in the civil and the criminal jurisdiction to the Gram Nyayalayas. Section 3(3) of the 2008 Act provides that the Gram Nyayalayas B established under the sub-Section (1) shall be in addition to the courts established under any other law for the time being in force. [Paras 14 and 15) [1087-E-G] 2. In view of the various provisions of the Constitution of India, Punjab Panchayati Raj Act, 1994, C Code of Criminal Procedure, 1973 as well as the laws laid down by the courts on the point,· there is no bar for investigating any offence by the police including the offences mentioned in the Schedule II of the Punjab Panchayati Raj Act, 1994. The investigation would include D the power to arrest and the ordinary procedure under the Cr.P.C. will govern the entire proceedings. Till the stage of completion of investigation, Gram Panchayat has no jurisdiction at all. After the report of police under Section 173 Cr.P.C., the Magistrate shall transfer the case for trial E to Gram Panchayat or to any other subordinate court to him. Unless a case is transferred to Gram Panchayat under Section 45 of the Punjab Panchayati Raj Act, 1994, the 'Gram Panchayat' does not get any jurisdiction over the said case/investigation unless the offence is one F mentioned in Section 47(3) of the said Act. However, it is open to any person/complainant to directly approach the Gram Panchayat by submitting a written complaint. In that case also, if it is a cognizable offence, there is no bar for the police to investigate the matter. [Para 16) [1087-H; G 1088-A-G] Chhotey Lal and Ors. vs. State AIR 1967 All 229; Bhim Sen vs. State of U.P. AIR 1955 SC 435: 1955 SCR 1444; State of MP. vs. Shobharam and Ors. AIR 1966 SC 1910; Meena Ram vs. Master Dwarki AIR 1958 Punjab 417 - held H inapplicable. SHARANJIT KAUR & ANR. v. STATE OF PUNJAB 1073 Giani Ram vs. Attar Chand and Ors. AIR 1960 Punjab A 80; Baldeo Singh and Ors. vs. State of Bihar and Others AIR 1957 SC 612: 1957 SCR 995; Kartar Singh and Ors. v. Pritam Singh and Ors. AIR (1956) Pepsu 78 - referred to. 3. Under the circumstances of the present case, the investigation is to be conducted by the police authorities B and the offence of Section 420 IPC where the allegations are of a serious nature and the appellants has duped of Rs. 30 lakhs from the complainant, should be tried by the regular criminal court and not by the Gram Panchayat. [Para 18] [1089-B-C] C Case Law Reference: AIR 1960 Punjab 80 referred to Para 9(D)(i) AIR 1958 Punjab 417 held inapplicable Para 9(D)(ii) 1957 SCR 995 referred to Para 9(D)(iii) AIR 1956 Pepsu 78 referred to Para 9(vi) AIR 1967 All 229 held inapplicable Para 17 1955 SCR 1444 held inapplicable Para 17 AIR 1966
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