IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7903 of 2011 Harendra Kumar Tiwary Versus The State Of Bihar & Ors ----------- For petitioner:- Sri J.N. Tripathi, Adv For the State:- APP --------- 2/ 24/10/2011 Petitioner against whom the proceeding has been initiated for an offence punishable under Sections 147,323,504 of the IPC. Vide order dated 03.06.2010 in Complaint Case No. 995C/2008 got frustrated at the stage of revision as well as lower court by refusing to have the trial proceeded with by the Gram Kachahery. Heard learned counsel for the petitioner and learned Additional P.P. for the State. It is needless to say that the offence whereunder cognizance has been taken, for the present, appears to be triable by the court of Gram Kachahery as per Section 106 of the Bihar Panchayat Raj Act, 2006. The status of Gram Kachahery has been properly recognized and that is evident from presence of Section-114 of the Bihar Panchayat Raj Act which empowers the court in seisin of the matter to transfer the case to the Gram Kachahery at any stage whenever it considers that the offence is exclusively triable by Gram 2 Kachahery. The order impugned suggests that neither at the stage of taking of cognizance, the jurisdiction of Gram Kachahery has been ousted nor there happens to be any reason assigned by the concerned courts on this score. As such, the order impugned is set aside. Consequent thereupon, the prayer is allowed. perwez (Aditya Kumar Trivedi,J.)