S.K. Das, J. - (1.) THIS is an appeal by special leave from an order of summary dismissal passed by the High Court of Patna on July 20, 1954, on an application under Arts. 226 and 227 of the Constitution of India. The relevant facts are these. One Uma Shankar Prasad instituted a case against eight persons, including the three appellants before us, Baldeo Singh, Ramdeo Singh and Sheodhar Singh, on the allegation that they had forcibly cut and removed 'urad' and 'kodo' crops from his field in village Darwan on October 1, 1953, at about 10 a.m. Uma Shankar said that he objected, but was threatened with assault. The case was instituted before the Gram Cutcherry of Bankat in the district of Champaran, constituted under the provisions of the Bihar Panchayat Raj Act, 1947 (Bihar Act 7 of 1948), hereinafter referred to as the Act. Altogether four witnesses were examined in the case, two on behalf of the prosecution and two for the accused persons. The defence of some of the accused persons was that the land on which the crops stood belonged to one Yogi Sahni, who had sold it to Sunder Singh, accused, on September 25, 1953. On December 28, 1953, a bench of the Gram Cutcherry acquitted all the accused persons. On January 7, 1954, Uma Shankar Prasad preferred an appeal under s. 67 of the Act. The appeal was heard on June 24, 1954, and the full bench by a majority, with three dissentient panches, held the three appellants guilty of the offence under s. 379, Indian Penal Code, and sentenced them to imprisonment for fifteen days each. The appellants then moved the High Court of Patna under Arts. 226 and 227 of the Constitution, with the result stated above. The appellants then moved this Court and obtained special leave under Art. 136 of the Constitution.
(2.) LEARNED counsel for the appellants has pressed the following contentions before us. His first and foremost contention is that the Act, by reason of certain provisions contained therein, is discriminatory in nature and offends against Art. 14 of the Constitution. It is advisable to set out first those provisions of the Act which, according to learned counsel for the appellants, are discriminatory in character. Section 62 of the Act, which provides for the criminal jurisdiction of Gram Cutcherries, is in these terms : "Notwithstanding anything contained in the Code of Criminal Procedure, 1898, and subject to the provisions of this Act, a bench of the Gram Cutcherry shall have jurisdiction concurrent with that of the Criminal Court within the local limits of whose jurisdiction the bench is situate for the trial of the following offences as well as abetment of and attempts to commit any such offence, if committed within the local limits of its jurisdiction, namely : (a) offences under the Indian Penal Code, sections 140, 143, 145, 147, 151, 153, 160, 172, 174, 178, 179, 269, 277, 279, 283, 285, 286, 289, 290, 294, 323, 334, 336, 341, 352, 356, 357, 358, 374, 379, 380, 381, 403, 411, 426, 428, 430, 447, 448, 461, 504, 506, 510; (b) offences under the Bengal Public Gambling Act, 1867; (c) offences under sections 24 and 26 of the Cattle Trespass Act, 1871; (d) except as otherwise provided, offences under this Act or under any rule or bye -law made thereunder; (e) any other offence under any other enactment, if empowered in this behalf by the Government; Provided that the bench shall not take cognizance of any offence under sections 379, 380, 381 or 411 of the Indian Penal Code in which the value of the property alleged to be stolen exceeds fifty rupees or in which the accused - (i) has been previously convicted of an offence punishable under Chapter XVII of the Indian Penal Code with imprisonment of either description for a term of three years or upwards; or (ii) has been previously fined for theft by any bench of the Gram Cutcherry; or (iii) is a registered member of a criminal tribe under section 4 of the Criminal Tribes Act, 1924; or (iv) has been bound over to be of good behavior in proceedings instituted under section 109 or 110 of the Code of Criminal Procedure, 1898."
(3.) IT is worthy of note that the section contains two important qualifications : one is contained in the non -obstante clause with which the section begins and the other is contained in the expression 'subject to the provisions of this Act.' The importance of this second qualification will be apparent when some of the other provisions of the Act are set out. Subject to the two qualifications mentioned above, s. 62 gives a bench of the Gram Cutcherry jurisdiction concurrent with that of the ordinary criminal Court within the local limits of whose jurisdiction the bench is situate for the trial of the offences mentioned therein. Section 63 vests the bench with the powers of a Magistrate of the third class. Section 64 is not relevant for our purpose and need not be read. Section 65 provides for exclusive civil jurisdiction of a bench of the Gram Cutcherry in certain classes of suits, subject to certain provisos. Section 66 says that certain suits shall not be heard by a bench of the Gram Cutcherry. Section 67 provides for appeals. Then comes s. 68, which is very important for our purpose and must be quoted in extenso - "No court shall take cognizance of any case or suit which is cognizable under the Act by a bench of the Gram Cutcherry unless an order to the contrary has been passed by the Sub -Divisional Magistrate or the Munsif concerned under the provisions of the Act or any other law for the time being in force.";