Himachal Pradesh Court February 1997 Judgments

Manoj Kumar Vs. Lalita Devi and ors.

Court: Himachal Pradesh

Reported in: II(1997)DMC533

M. Srinivasan, C.J.1. This case has come before us on a reference by a Single judge of this Court. The question referred to is :'Whether in the face of the provisions of Sections 2(6) and 2(32) of the Himachal Pradesh Panchayati Raj Act, 1995 the cases under Section 125 of the Criminal Procedure Code, which were pending on the date of coming into force of the Act before Courts, are liable to be transferred in the absence of there being any specific provision in the Act ?'2. The learned Judge could not agree with the view expressed by Justice Vaidya in Hari Devi v. Bhagat Singh & Anr., 1996(2) S.L.J. 1625, that on the passing of the Panchayati Raj Act, 1994 the cases pending before the Judicial Magistrate shall be transferred to the Gram Panchayat.3. The facts have been set out in the order of reference. It is not necessary to repeat the same herein. Suffice it to point out that the Himachal Pradesh Panchyati Raj Act, 1968 (Act 19 of 1970) was repealed by the Himachal Pradesh Panchayati...