P.L.Bhargava, J. - (1.) This is an application under Article 227 of the Constitution of India. The prayer in the application is that an order, dated 3-7-1951, made by the City Magistrate of Banaras, under Section 522, Criminal P. C., be set aside. The order was made in the following circamstancea: The applicants, Sadho Singh, Badri Koeri, and Sheo Nath Koeri, were prosecuted for offences punishable under Sections 426, 447 and 506, Penal Code on a complaint filed by Baij Nath Vyas. They were tried by a Panchayati Adalat. The Adalat found Sadho Singh guilty under Sections 426 and 447, Penal Code, and convicted and sentenced him thereunder. Sadho I Singh was found not guilty under Section 506, Penal Code. The other two applicants were not found guilty of any offence, and they were acquitted. It appears that after the case against the applicants had been decided by the Panchayati Adalat, an application was moved before the City Magistrate of Banaras, for an order under Section 522, Criminal P. C., and thereupon the order complained of was made.
(2.) Learned counsel for the applicants has contended that the order in question was made without jurisdiction. On behalf of the complainant-opposite-party it has, however, been urged that, as a Court of revision, the City Magistrate had the jurisdiction to make the order under Sub-section (3) of Section 522, Criminal P. C. The reply of the applicants' counsel to the contention just mentioned is that the City Magistrate is not a Court of revision under the Code; and that the jurisdiction which he could exercise in revision under Section 85, U. P. Panchayat Raj Act was only, in certain circumstances, to quash the order made by the Panchayati Adalat or to cancel its jurisdiction.
(3.) Section 522, Criminal P. C., is in these terms: "522 (1) Whenever a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation and it appears to the Court that by such force or show of force or criminal intimidation any person has been dispossessed of any immoveable property, the Court may, if it thinks fit, when convicting such person or at any time within one month from the date of the conviction order the person dispossessed to be restored to the possession of the same. (2) No such order shall prejudice any right or interest to or in such immoveable property which any person may be able to establish in a civil suit. (3) An order under this section may be made by any Court of appeal, confirmation, reference or revision.";