IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4503 of 2009 1) Jogi Rai, son of Govind Rai, 2) Devendra Kumar, 3) Bansh Mani Kumar Mantu, 4) Virmani Kumar Santu, all sons of Ram Naresh Rai, 5) Rajendra Yadav, son of Late Brahndeo Yadav, 6) Naresh Rai, 7) Dinesh Yadav, 8) Awadhesh Rai, all sons of Rajendra Yadav, all of village Bhatgaon, PS Barh, District Patna – petitioners. Vs. 1) The State of Bihar, 2) Vidyanand Yadav, son of Late Raghunandan Yadav, village Bhatgaon, PS Barh, District Patna – Opposite parties. 2 8.10.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioner is aggrieved by order, dated 22.12.2008 passed by the Judicial Magistrate, Ist Class, Barh in Complaint Case No. 426©/2006 by which the court without calling for a report from the Gram Panchayat or ascertaining whether the Gram Kachahari was functioning or not passed an order holding that since Gram Kachahari is not functioning, the court was empowered to conduct the trial of the case. The parties had come earlier before this court and by order, dated 20.8.2007 passed in Cr. Misc. No. 17881/2007 the Court had directed that the Judicial Magistrate ought to consider the provisions of Section 103 of the Panchayat Act and dispose of the petition filed by the petitioners for transferring the case to Gram Kutchery. The order impugned does not indicate that the court has come to a finding that the case is not triable by Gram Kachahari, rather, on the basis of the oral submissions of the opposite party, has 2 concluded that since no Gram Kachahari is functioning, the case cannot be transferred. The petitioner has produced a certificate granted by the Sarpanch in this case that the Gram Kachahari is functioning. This court is remanding the matter back without hearing the other side as at this stage as no final decision can be taken by this Court, rather, direction is being given to the Judicial Magistrate, Ist Class, Barh to call for a report from the Sarpanch and the Mukhiya of the village concerned and determine whether the Gram Kachahari is functioning. The Magistrate should direct the Block Development Officer, Barh also to send his report regarding this aspect. The Block Development Officer is directed to submit is report in this regard within a period of one month on receipt of copy of this order. This case relates to an occurrence which took place in village-Bhatgaon within Barh P.S., Dist. Patna. The court below on receipt of the report of the Sarpanch/Mukhiya and the Block Development Officer, Barh will dispose of the matter in terms of the orders passed earlier by this court in Cr.Misc. No. 17881/2007 on 20.8.2007. Counsel for the petitioner is directed to produce a copy of this order before the Block Development Officer, Barh, and Judicial Magistrate, 1st Class within two weeks from the date of receipt of this order. This application is disposed of with the aforesaid observations and directions. haque (Sheema Ali Khan, J.)