SHARANJIT KAUR & ANR.versusSTATE OF PUNJAB

                   [2013] 8 S.C.R. 1071


                 SHARANJIT KAUR & ANR.                           A
                              v
                    STATE OF PUNJAB
          (Criminal Appeal No. 811 of 2013 etc.)
                        JULY 1, 2013
                                                                 B
         (P. SATHASIVAM AND M.Y. EQBAL, JJ.)

      Punjab Panchayati Raj Act, 1994 - ss. 4(2), 5, 44-51, 71
 and 77 - Jurisdiction of Gram Panchayat - To try offences
 uls. 420 /PC - Held: Jurisdiction of Gram Panchayat is in       C
addition to the Courts established under any other law - The
jurisdiction conferred on the Gram Panchayat cannot take
away power of police - Till the stage of completion of
investigation , Gram Panchayat has no jurisdiction - Unless
the case is transferred to Gram Panchayat u/s. 45, it does not   D
get jurisdiction over the case, unless the offence is one
mentioned in s.47(3) - In the present case, the offence uls.
420 /PC, where allegations are of serious nature, should be
tried by regular criminal Court - Penal Code, 1860 - s.420 -
Code of Criminal Procedure, 1973 - ss. 4 and 5 - Gram            E
Nyayalayas Act, 2008 - s.3(3) - Constitution of India, 1950
- Articles 243A and 243N.

    The question for consideration in the present
appeals was whether in view of ss.4(2), 5, 44-51, 71 and
77 of Punjab Panchayati Raj Act, 1994, the original              F
proceedings u/s. 420 IPC were sustainable.

    Dismissing the appeals, the Court

    HELD: 1. Though civil and criminal jurisdiction has          G
been conferred upon the Gram Panchayats, no
qualification etc., has been provided for panchas.
Therefore, the power of the police cannot be abridged or
taken away under any circumstances. A new Act, viz.,
                            1071                                 H
    1072    SUPREME COURT REPORTS                [2013] 8 S.C.R.


A Gram Nyayalayas Act, 2008 has been enacted and has
  been made applicable to many States including Punjab.
  The new Act of 2008 also brings in the civil and the
  criminal jurisdiction to the Gram Nyayalayas. Section 3(3)
  of the 2008 Act provides that the Gram Nyayalayas
B established under the sub-Section (1) shall be in addition
  to the courts established under any other law for the time
  being in force. [Paras 14 and 15) [1087-E-G]
         2. In view of the various provisions of the
    Constitution of India, Punjab Panchayati Raj Act, 1994,
C   Code of Criminal Procedure, 1973 as well as the laws laid
    down by the courts on the point,· there is no bar for
    investigating any offence by the police including the
    offences mentioned in the Schedule II of the Punjab
    Panchayati Raj Act, 1994. The investigation would include
D   the power to arrest and the ordinary procedure under the
    Cr.P.C. will govern the entire proceedings. Till the stage
    of completion of investigation, Gram Panchayat has no
    jurisdiction at all. After the report of police under Section
    173 Cr.P.C., the Magistrate shall transfer the case for trial
E   to Gram Panchayat or to any other subordinate court to
    him. Unless a case is transferred to Gram Panchayat
    under Section 45 of the Punjab Panchayati Raj Act, 1994,
    the 'Gram Panchayat' does not get any jurisdiction over
    the said case/investigation unless the offence is one
F   mentioned in Section 47(3) of the said Act. However, it is
    open to any person/complainant to directly approach the
    Gram Panchayat by submitting a written complaint. In that
    case also, if it is a cognizable offence, there is no bar for
    the police to investigate the matter. [Para 16) [1087-H;
G   1088-A-G]
       Chhotey Lal and Ors. vs. State AIR 1967 All 229; Bhim
  Sen vs. State of U.P. AIR 1955 SC 435: 1955 SCR 1444;
  State of MP. vs. Shobharam and Ors. AIR 1966 SC 1910;
  Meena Ram vs. Master Dwarki AIR 1958 Punjab 417 - held
H inapplicable.
  SHARANJIT KAUR & ANR. v. STATE OF PUNJAB 1073


     Giani Ram vs. Attar Chand and Ors. AIR 1960 Punjab        A
80; Baldeo Singh and Ors. vs. State of Bihar and Others AIR
1957 SC 612: 1957 SCR 995; Kartar Singh and Ors. v.
Pritam Singh and Ors. AIR (1956) Pepsu 78 - referred to.

    3. Under the circumstances of the present case, the
investigation is to be conducted by the police authorities     B
and the offence of Section 420 IPC where the allegations
are of a serious nature and the appellants has duped of
Rs. 30 lakhs from the complainant, should be tried by the
regular criminal court and not by the Gram Panchayat.
[Para 18] [1089-B-C]                                           C

                    Case Law Reference:
    AIR 1960 Punjab 80 referred to            Para 9(D)(i)
    AIR 1958 Punjab 417 held inapplicable Para 9(D)(ii)
                                                               D
    1957 SCR 995           referred to        Para 9(D)(iii)
    AIR 1956 Pepsu 78      referred to        Para 9(vi)
    AIR 1967 All 229       held inapplicable Para 17
    1955 SCR 1444          held inapplicable Para 17
                                                               E
    AIR 1966 SC 1910       held inapplicable Para 17
    CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No. 811 of 2013.

    From the Judgment and Order dated 23.07.2012 of the        F
High Court of Punjab & Haryana at Chandigarh in CRLM. No.
21109 of 2012.
                             WITH
Crl.A. No. 812 of 2013.
                                                               G
    A.S. Chahdhiok, ASG (AC), Ajay Kapur, AAG, Ritesh
Kumar, Sidharth Tyagi, R.K. Kapoor, Rekha Giri, Shiwani
Mahipal, Prikshit Mahipal, Shweta Kapoor, Anis Ahmed Khan,
Dinesh Kumar, Harshbir Singh Kohli, Kuldip Singh for the
appearing parties.                                             H
    1074    SUPREME COURT REPORTS                 [2013] 8 S C.R


A       The Judgment of the Court was delivered by

        P. SATHASIVAM, J. 1. Leave granted.

          2. These appeals are filed against the final judgment and
    orders dated 23.07 .2012 and 07 .11.2012 passed by the High
8   Court of Punjab and Haryana at Chandigarh in Criminal Misc.
    No. M-21109 of 2012 and Criminal Writ Petition No. 1843 of
    2012 respectively whereby the High Court dismissed the
    petitions filed by the appellants herein.

c       3. Brief facts:

        (a) On 03.04.2012, a First Information Report (FIR) being
  No. 17 was lodged by one Kahan Singh, r/o Village Chugawan
  Roopamali, Kathunangal, Amritsar, against Sharanjit Kaur,
  Mukhtiar Singh, Manjit Kaur and Kirandeep @ Mandeep Kaur,
D r/o Village Mann, Tehsil and District Amritsar, at P.S.
  Kathunangal, Amritsar under Section 420 of the Indian Penal
  Code, 1860 (in short "IPC") alleging embezzlement of Rs. 30
  lakhs on the pretext of sending his son-Gurpreet Singh to
  America for a permanent job for which he paid the above said
E amount in several instalments to the accused persons. It was
  also alleged in the complaint that on failure to honour the
  promise, the appellants issued a cheque of Rs. 30 lakhs to the
  complainant bearing No. 534873 dated 23.02.2012, which got
  dishonoured due to insufficient funds.
F
        (b) Against the said FIR, Manjit Kaur and Mandeep Kaur
  filed an application for anticipatory bail being No. 6148 of 2012
  and Sharanjit Kaur and Mukhtiar Singh also filed a similar
  application being No. 7617 of 2012 under Section 438 of the
  Code of Criminal Procedure, 1973 (in short "the Code") before
G the Additional Session Judge, Amritsar which were dismissed
  vide orders dated 19.04.2012 and 18.05.2012 respectively.

        (c) Aggrieved by the orders dated 18.05.2012 and
    19.04.2012, Sharanjit Kaur and Mukhtiar Singh filed Criminal
H
  SHARANJIT KAUR & ANR. v. STATE OF PUNJAB 1075
             (P. SATHASIVAM, J.]

Misc. No. M-21109 of 2012 and Manjit Kaur and Mandeep Kaur         A
filed Criminal Misc. No. M-12763 of 2012 before the High Court
for anticipatory bail which were dismissed by orders dated
23.07.2012 and 03.05.2012 respectively.

     (d) Against the said order, Manjit Kaur and Mandeep Kaur      B
preferred Special Leave Petition No. 4932 of 2012 before this
Court. Vide order dated 20.07.2012, this Court, dismissed the
same.

     (e) Being aggrieved by the order dated 23.07.2012, the
co-accused Sharanjit Kaur and Mukhtiar Singh filed Special         C
Leave Petition No. 6746 of 2012 before this Court. Vide order
dated 21.09.2012, while issuing notice, this Court stayed the
arrest of the co-accused.

     (f) In the meantime, Manjit Kaur and Mandeep Kaur again       o
moved a petition being Criminal Writ Petition No. 1843 of 2012
before the High Court praying for an order restraining their
arrest in view of the Punjab Panchayati Raj Act, 1994 being a
Special Act applicable to the offences leveled against them.

    (g) By order dated 07 .11.2012, the High Court dismissed       E
the Criminal Writ Petition No. 1843 of 2012 filed by the
appellants herein.

     (h) Questioning the order dated 07.11.2012, the appellants,
viz., Manjit Kaur and Mandeep Kaur, filed Special Leave            F
Petition No. 9690 of 2012 before this Court.

    4. Heard Mr. R.K. Kapoor, learned counsel for the
appellants, Mr. Ajay Kapur, learned AAG for the respondent-
State and Mr. A.S.Chandhiok, learned ASG as amicus curiae.         G

Discussion:

    5. It is the claim of the appellants that whether in view of
Sections 4(2), 5, 44-51, 71 and 77 etc. of the Punjab
Panchayati Raj Act, 1994 which give complete powers to the         H
    1076     SUPREME COURT REPORTS                    [2013] 8 S.C.R.


A Gram Panchayat to take cognizance of criminal cases, accept
  complaints, conduct enquiries, summon witnesses, proceed
  with the trial, pass orders of conviction, sentence and
  compensation, the impugned proceedings initiated under the
  IPC is sustainable? On the other hand, it is the stand of the
B respondent-State that in view of serious allegations against the
  appellants who cheated the complainant's son and committed
  fraud by taking his money, in spite of Section 44(3) of the
  Punjab Panchayati Raj Act, 1994, the prosecuting authority is
  entitled to proceed under the provisions of the IPC.
c         6. In order to understand the rival contentions, it is useful
    to refer the brief facts. The appellants had filed petitions for
    grant of anticipatory bail before the Additional Session Judge,
    Amritsar. By orders dated 19.04.2012 and 18.05.2012, the
    Additional Session Judges dismissed the same by observing
D   that from the allegations made in the FIR, gravity of the offence
    is quite serious and custodial interrogation of the appellants is
    necessary for the just and complete investigation. Thereafter,
    the appellants filed petitions for anticipatory bail before the High
    Court contending that no investigation could be carried out in
E   the case since the offence was triable by Gram Panchayat. The
    High Court, by orders dated 03.05.2012 and 23.07.2012,
    dismissed the same. Being aggrieved by the order dated
    03.05.2012, the appellants, viz., Manjit Kaur and Mandeep Kaur
    filed Criminal Writ Petition No. 1843 of 2012 before the High
F   Court. Vide order dated 07.11.2012, learned Single Judge
    observed that the offence comes under the purview of IPC and
    rejected the contention put forth by the appellants by dismissing
    their petition for anticipatory bail. These orders are under
    challenge before this Court by way of the present special leave
G   petitions.

          7. It is also relevant to note that the complainant, under the
    hope that his son would be sent to America in order to get
    settled in life, went to the extent of selling his property and
    arranged funds to the tune of Rs. 30 lakhs. Despite repeated
H
  SHARANJIT KAUR & ANR. v. STATE OF PUNJAB 1077
             [P. SATHASIVAM, J.]

requests, the appellants failed to honour the promise and issued        A
a cheque of Rs. 30 lakhs to the complainant which got
dishonoured due to insufficient funds. The complainant has also
filed an affidavit highlighting all these details. On the other hand,
it is the stand of the State that criminal courts have no bar for
initiation of proceedings against the accused. It is also pointed       B
out that the accused persons failed to join the enquiry
proceedings despite being called a number of times and as
such the accused would have never appeared before the
authority like Panchayat. It is also pointed out by the State that
no investigation can be carried out by the police when the              c
offence is triable by Gram Panchayat is misconceived.

     8. Though the issue relates to dismissal of anticipatory bail
applications by the High Court, since it relates to an important
question as to the jurisdiction of Gram Panchayats in a serious
offence like Section 420 IPC and it is also brought to our notice       D
that it is a common practice in the State of Punjab being
adopted by the agents like the present appellants whereby
innocent people and rustic villagers are duped, in order to lay
down an authoritative pronouncement, we requested learned
Attorney General for India for assistance. At the time of hearing,      E
Mr. A.S. Chandhiok, learned ASG assisted us by taking us
through the objects and reasons, relevant provisions of the
Punjab Panchayati Raj Act, 1994 as well as provisions of the
IPC.
                                                                        F
     9. The Panchayati Raj Institution has been in existence in
the country for a long period of time. It has been observed that
the institutions like the Panchayat Samitis, Zila Parishads and
Panchayats have not been able to acquire the status and
dignity of viable and responsive people's bodies due to variety         G
of reasons including absence of regular elections, prolonged
suppressions, inadequate representation of weaker sections
like scheduled castes and women, insufficient devolution of
powers and lack of financial resources. In order to overcome

                                                                        H
    1078    SUPREME COURT REPORTS                     !2013] 8 SC R


A   the shortcoming, various provisions were enacted in the
    Constitution of India. IPC, Code of Criminal Procedure, 1973
    as well as in the Punjab Panchayati Raj Act, 1994 which are
    as under:

        (A) Constitution of India:
B
        (i) In the Constitution, a new Part, viz., Part IX relating to
        'Panchayats' has been added by the Constitution 73rd
        Amendment Act, 1992 which defines the 'Gram Sabha'
        and 'Panchayat' as under:-
c
        "243(b) Gram Sabha means a body consisting of persons
        registered in the electoral rolls relating to a village
        comprised within the area of Panchayat at the village level;

        "243(d) Panchayat means an institution (by whatever
D       name called) of self government constituted under Article
        2438, for the rural areas;"

        (ii) Similarly, under Article 243A, a Gram Sabha may
        exercise such powers and perform such functions at the
E       village level as the legislature of a State may, by law,
        provide.

        (iii) Article 243N of the Constitution provides as under:-

        "243N.      Continuance of existing laws and
F       Panchayats. Notwithstanding anything in this Part, any
        provision of any law relating to Panchayats in force in a
        State immediately before commencement of the
        Constitution (Seventy third Amendment) Act, 1992, which
        is inconsistent with the provisions of this part, shall continue
G       to be in force until amended or repealed by a competent
        legislature other competent authority or until the expiration
        of one year from such commencement whichever is earlier:

        Provided that all the Panchayats existing immediately
H       before such commencement shall continue till the
  SHARANJIT KAUR & ANR. v. STATE OF PUNJAB                  1079
             [P. SATHASIVAM, J.]

    expiration of their duration, unless sooner dissolved by a      A
    resolution passed to that effect by the Legislative
    Assembly of that State or, in the case of a State having a
    Legislative Council, by each house of the Legislature of
    that State."
                                                                    B
     (B) Punjab Panchayati Raj Act, 1994:

     (i) Though in the State of Punjab, Punjab Gram Panchayat
Act, 1952 was in existence which was repealed and a new
Punjab Panchayat Raj Act, 1994 was enacted. However, the
provisions of the earlier act and new act are more or less          C
similar. The new Act of 1994 was enacted with the Statement
of Objects and Reasons to bring together the institutions like
the Panchayat Samitis, Zila Parishads and Panchayats by a
comprehensive and unified enactment consequent upon the
Constitutional changes made in the Constitutional 73rd              D
Amendment Act, 1992. The Act thus was aimed to enable the
Panchayats to function as an institution of self-government.

     (ii) Similar Panchayati Raj Acts are in existence in many
other States, viz., Himachal Pradesh Panchayati Raj Act, 1994,      E
Jammu and Kashmir Panchayati Raj Act, 1989, Madhya
Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993,
Uttar Pradesh Panchayat Raj Act, 1947 and Bihar Panchayat
Raj Act, 1993 which contained various provisions relating to
Nyaya Panchayats in the concerned State.
                                                                    F
     (iii) The issue arises for consideration in the case on hand
is whether the Punjab Panchayati Raj Act, 1994 deprive the
ordinary criminal courts of their jurisdiction to try an offence
under the IPC, i.e., Section 420, which is both cognizable and
non-bailable and which is also mentioned in the Schedule II of      G
the said Act.

    (iv) It is useful to refer the important provisions under the
Punjab Panchayati Raj Act, 1994 which are as under:-
                                                                    H
    1080     SUPREME COURT REPORTS                  [2013] 8 S.C.R.


A      Section 2(za) "Gram Panchayat" means an institution of
       self-government for a Gram Sabha area constituted under
       Section 9.

       Section 2 (zze) The expression "offence", "non-bailable
       offence", "cognizable offence", "complaint", "officer-in-
B
       charge of a police station", and "police station" have the
       same meaning as in Section 2 of the Code of Criminal
       Procedure, 1973.

           Section 4 provides for 'Constitution of Gram Sabhas'.
c
           Section 9 provides for 'Functions of Gram Sabhas'.

           Section 30provides for 'Functions of Gram Panchayats'.

           Section 35provides for 'Power of Gram Panchayat to
D               make general order'.

           Chapter IVprovides for the 'Judicial Functions of Gram
               Panchayats'.

           Section 44provides for 'Powers and Jurisdiction of
E               Gram Panchayat over criminal offences' as under:-

                (1) - Gram Panchayat shall exercise powers and
                shall have jurisdiction over matters laid down in
                Schedule II.
F
                (2) For the purpose of deciding whether an offence
                falls within the jurisdiction of a Gram Panchayat, the
                provisions of Section 178 to 181 of the Code of
                Criminal Procedure, 1973 shall apply.

G               (3) A Gram Panchayat shall be deemed to be
                criminal court when trying criminal cases."

           Section 45 of the present Act is similar to Section 41 of
                the repealed Punjab Gram Panchayat Act, 1952
H               which provided as under:-
  SHARANJIT KAUR & ANR. v. STATE OF PUNJAB 1081
             [P. SATHASIVAM, J.]

    "Any Magistrate before whom a complaint or report by the      A
    Police of any offence triable by a Panchayat is brought or
    who takes cognizance of any such offence upon his own
    knowledge or suspicion shall transfer the proceedings to
    a Panchayat of competent jurisdiction:
                                                                  B
    Provided that a Chief Judicial Magistrate may for reasons
    to be recorded in writing, transfer any criminal case from
    Gram Panchayat to another Gram Panchayat of competent
    jurisdiction or to another court subordinate to him.

     Section 46 provides for 'Exclusion of certain case' which    C
is as under:-

    (1) Subject to the provisions of sub-section (3), no Gram
    Panchayat shall take cognizance of any offence under the
    Indian Penal Code, 1860, in which either complainant or       0
    the accused is a public servant.

    (2) When information relating to the commission of a
    cognizable offence triable by a Gram Panchayat has been
    given to an officer incharge of a police station, he shall
    forthwith send a copy of First Information Report, to the     E
    Gram Panchayat competent to try such an offence and
    such Gram Panchayat shall not proceed to try any
    complaint relating to the same facts nor shall it issue any
    summons in the matter, until the officer has intimated in
    writing that the investigation has been concluded.            F

    Provided that such an officer shall send the information to
    the Gram Panchayat after the conclusion of the
    investigation.

    (3) No criminal cases shall be heard, by any Gram             G
    Panchayat when criminal case on substantially the same
    facts against the same person has been beard and finally
    decided by the competent court or Gram Panchayat or is
    pending therein, or before it.
                                                                  H
    1082     SUPREME COURT REPORTS                  [2013) 8 S.C.R.


A   Section 47 provides for 'Cognizance of criminal cases'

        (1) A criminal case before a Gram Panchayat shall be
        instituted on a complaint in writing and on payment of fee
        prescribed in Schedule Ill by presenting it in person to the
        Sarpanch, and in absence, to any Panch or by sending it
B
        by registered post to the Gram Panchayat .....

        (2) The particulars of the complaint shall be recorded by
        the Secretary of the Gram Panchayat in the register
        prescribed for the purpose.
c
        (3) Notwithstanding anything contained in sub-section (1)
        A Gram Panchayat shall be competent to take cognizance
        suo moto of cases falling under Sections 160, 228, 264,
        277, 289, 290 & 510 of the Indian Penal Code, 1860 and
        under Sections 3 and 4 of the Punjab Juvenile Smoking
D
        Act.

        Section 48 provides for the procedure by Gram
        Panchayat after receiving the complaint.

E       Section 49 provides for 'Power of Gram Panchayat to
        refuse to entertain criminal case':-

        (1) If at any time it appears to the Gram Panchayat that
        the offence is one for which the sentence which the Gram
        Panchayat is competent to pass would be inadequate, it
F       shall send the record of the case by order in writing to the
        Chief Judicial Magistrate.

        Section 51 provides for Prompt disposal of criminal
        cases':-
G
           (1)   The Gram Panchayat shall, if possible, try a criminal
                 case and pass orders on the day on which the
                 accused appears and if that is not possible may, if
                 he is not already on bail, require him to execute a
                 bond with or without sureties ... to appear before
H
SHARANJIT KAUR & ANR. v. STATE OF PUNJAB 1083
           [P. SATHASIVAM, J.]

        the Gram Panchayat or any subsequent day/days        A
        to which trial may be adjourned ..... .

 Section 52 provides for the punishment which can be
 passed by the Gram Panchayat.

 (1) A Gram Panchayat may on conviction:-                    B

 (a) sentence the accused to a fine not exceeding two
 hundred rupees or double the value of the damage or loss
 caused by this Act, whichever is greater;

 Provided that no fine shall exceed the maximum fine
                                                             c
 prescribed by the law for that offence .....

 Section 55 provides for supervision of criminal
 proceedings by Chief Judicial Magistrate.
                                                             D
 Section 71 provides that Provisions of the Code of
 Criminal Procedure, 1973 and Civil Procedure Code, 1908
 and the Indian Evidence Act, 1872 shall not apply to
 proceedings before the Gram Panchayat.
                                                             E
 Section 74 provides for 'Bar to Legal Practitioners'

 Notwithstanding anything contained in the Legal
 Practitioners Act, 1879, no legal practitioner shall be
 permitted to appear, plead or act before a Gram
 Panchayat for any party in any judicial proceedings under   F
 this Act.

 Sections 79 and 80 provides that on an application filed
 by any party for transfer of proceedings before the Chief
 Judicial Magistrate etc. the Gram Panchayat shall adjourn   G
 or stay the case.

 Section 82 provides for 'Finality of decision.'

 Section 222 provides for 'Over-riding Effect on Other
 Laws'                                                       H
    1084   SUPREME COURT REPORTS                     (2013] 8 S.C.R


A      (1) Save as otherwise provided in this Act, the provisions
       of this Act or rules or regulations or bye-laws made
       thereunder have effect notwithstanding anything
       inconsistent contained in any other law for the time being
       in force.
B
       (C) Code of Criminal Procedure, 1973:

       Section 4 Trial of offences under the Indian Penal Code
       and other laws:-

c      (1) All offences under the Indian Penal Code (45of1860)
       shall be investigated, inquired into, tried, and otherwise
       dealt with according to the provisions hereinafter
       contained.

        (2) All offences under any other law shall be investigated,
D       inquired into, tried and otherwise dealt with according to
        the same provisions, but subject to any enactment for the
        time being in force regulating the manner or place of
        investigating, inquiring into, trying or otherwise dealing with
        such offences."
E
        Section 5 provides that 'nothing contained in this Code
        shall, in the absence of a specific provision to the contrary,
        affect any special or local law for time being in force, or
        any special jurisdiction or power conferred or any special
F       form of procedure prescribed, any other law for time being
        in force'.

        Section 2(d) 'Complaint' and Section 2(r) 'Police Report'
        has been equally applicable under the Punjab Panchayati
        Raj Act.
G
        (D) Case Laws:

       (i) In Giani Ram vs. Attar Chand and Ors., AIR 1960
  Punjab 80, while dealing with earlier Punjab Gram Panchayat
H Act, 1952, it was observed that proviso to Section 41 did not
  SHARANJIT KAUR & ANR. v. STATE OF PUNJAB 1085
             [P. SATHASIVAM, J.]

intend to take away the jurisdiction vested in the criminal court!?    A
to try offences which they are empowered to try under the Code
of Criminal Procedure. The ordinary criminal courts have not
been completely divested of their jurisdiction under the general
law.
                                                                       B
     (ii) As rightly pointed out by learned ASG, it is important
to note that no 'exclusive jurisdiction' for trying certain criminal
offences has been conferred upon Gram Panchayat under the
Punjab Gram Panchayat Act, 1952 or Punjab Panchayati Raj
Act, 1994 unlike in the case of Pepsu Panchayat Raj Act,
2008Bk. (Section 67(2) of the Pepsu Act). [vide Meena Ram              C
vs. Master Dwarki, Al R 1958 Punjab 417 at para 2]

      (iii) In Baldeo Singh and Ors. vs. State of Bihar and
Others, AIR 1957 SC 612, this Court, after interpreting the
provisions of Bihar Panchayati Raj Act, 1948, held that the            D
scheme of the Act was that a case cognizable under the Act
by Gram Cutcherry should be tried by a Bench of the Gram
Cutcherry save in some exceptional cases. It was further held
that in case of transfer, withdrawal of a case from the Gram
Cutcherry or the cancellation of the jurisdiction of the bench, it     E
may not be said that the ordinary criminal Courts also have no
jurisdiction to try it.

    (iv) A similar 'exclusive jurisdiction' has been conferred
upon Nyaya Panchayats under the Uttar Pradesh Panchayat
Raj Act, 1947. [vide Chhotey Lal and Others vs. State AIR              F
1967 All 229 para 6]

     (v) In Bhim Sen vs. State of U.P., AIR 1955 SC 435, a
bench of three-Judges of this Court, while interpreting the U.P.
Panchayat Raj Act, 1947, which contained a provision relating          G
to bar of jurisdiction of ordinary criminal courts, has held that
such a bar in respect of the entire case can be operative only
when there is valid machinery for the trial thereof under the Act.

                                                                       H
    1086    SUPREME COURT REPORTS                [2013] 8 S.C R.


A       (vi) In Kartar Singh and Others vs. Pritam Singh and
  Others AIR 1956 Pepsu 78, it was held with respect to civil
  matters that "although the Panchayat Courts have been given
  jurisdiction in certain suits by the Pepsu Panchayat Raj Act,
  2008 Bk, the jurisdiction of ordinary civil courts in such suits
B has not been excluded or taken away, the result of which is that
  both the courts have concurrent jurisdiction in such suits.

       (vii) In State of MP. vs. Shobharam & Ors., AIR 1966 SC
  1910, a Constitution Bench of this Court, while examining the
  provisions of Madhya Bharat Panchayat Act, 1949 held that
C "the police have under its general powers under the Code of
  Criminal Procedure authority to arrest any person concerned
  in any cognizable offence".

       10. Learned amicus, after adverting to the various
D provisions of the Punjab Panchayati Raj Act, 1994 as well as
  of the Code pointed out that de hors the fact that whether the
  offence is triable under the ordinary criminal courts or by the
  Gram Panchayats, there is no bar to the police to investigate
  the offence and submit a report to the Magistrate. He further
E submitted that according to Section 45 of the said Act,
  Magistrate can transfer a case to Gram Panchayat at the stage
  of receiving a complaint under Section 156(3) or at the time of
  taking cognizance after filing of report by the police under
  Section 173 of the Code. Therefore, in view of the above, the
F Punjab Panchayati Raj Act, 1994 in no way prohibits the
  investigation and arrest by the Police.

        11. Learned amicus curiae, by pointing out towards
  Section 46(2) of the Punjab Panchayati Raj Act, 1994
  contended that it makes very clear that at least the part of
G investigation has been entrusted to the Police. He further
  pointed out that the provisions contained in Section 47 make
  it clear that: (i) Gram Panchayat can take suo moto cognizance
  only in cases falling under Sections 160, 228, 264, 277, 289,
  290 and 510 of the Indian Penal Code, 1860 and certain other
H cases; and (ii) for remaining cases in the Schedule II,
  SHARANJIT KAUR & ANR. v. STATE OF PUNJAB 1087
             [P. SATHASIVAM, J.]

cognizance can only be taken after receiving a complaint in          A
writing.

     12. Further, it is submitted in view of Section 51 of the
Punjab Panchayati Raj Act, 1994 that the wordings 'if he is not
already on bail' signifies that the accused can be investigated      8
under the provisions of the Code of Criminal Procedure and
can even be arrested.

      13. Learned amicus curiae further pointed out that in view
of Section 52 of the Punjab Panchayati Raj Act, 1994, the
Gram Panchayats have a limited power only to impose a fine           C
that too of only Rs. 200 and it has no power to sentence the
accused for imprisonment. Further, in yiew of Section 71 which
provides that the provisions of the Code of Criminal Procedure,
1973 and Civil Procedure Code, 1908 and the Indian Evidence
Act, 1872 shall not apply to proceedings before the Gram             D
Panchayat, it was submitted that the abc;>ve provision does not
mean that during investigatiorrand the proceeding before the
Magistrate, provisions of Code of Criminal Procedure, 1973
will not apply.
                                                                     E
     14. Admittedly, though civil and criminal jurisdiction has
been conferred upon the Gram Panchayats, no qualification etc.,
has been provided for panchas. Therefore, what culled out from
the above is that the power of the police cannot be abridged
or taken away under any circumstances.
                                                                     F
     15. It is not out of place to. mention that a new Act, viz.,
Gram Nyayalayas Act, 2008 has been enacted and has been
made applicable to many States including Punjab. The new Act
of 2008 also brings in the civil and the criminal jurisdiction to
the Gram Nyayalayas. Section 3(3) of the 2008 Act provides           G
that the Gram Nyayalayas established under the sub-Section
(1) shall be in addition to the courts established under any other
law for the time being in force.                   '

     16. As far as the present case is concerned, in view of the     H
    1088    SUPREME COURT REPORTS                   [2013] 8 S.C.R.


A   various provisions of the Constitution of India. Punjab
    Panchayati Raj Act. 1994, Code of Criminal Procedure, 1973
    as well as the case laws on the point discussed in the earlier
    paragraphs, the conclusion which can be drawn from the above
    is as under:-
B
         (i) There is no bar for investigating any offence by the
    police including the offences mentioned in the Schedule II of
    the Punjab Panchayati Raj Act, 1994.

       (ii) The investigation would include the power to arrest and
C the ordinary procedure under the Code will govern the entire
  proceedings.

        (iii) Till the stage of completion of investigation, Gram
    Panchayat has no jurisdiction at all.
D        (iv) After the report of police under Section 173, the
    Magistrate shall transfer the case for trial to Gram Panchayat
    or to any other subordinate court to him.

      (v) Unless a case is transferred to Gram Panchayat under
E Section 45 of the Punjab Panchayati Raj Act, 1994, the 'Gram
  Panchayat' does not get any jurisdiction over the said case/
  investigation unless the offence is one mentioned in Section
  47(3) of the said Act.

F        {vi) However, it is open to any person/complainant to
    directly approach the Gram Panchayat by submitting a written
    complaint. In that case also, if it is a cognizable offence, there
    is no bar for the police to investigate the matter.

       17. In view of the above analysis, the claim of the
G appellants, as projected by Mr. Kapoor, that no investigation
  can be carried out by police is not sustainable. Though Mr.
  Kapoor has relied on various decisions of the High Courts, viz.,
  State of M.P. vs. Shobaram and Others AIR 1966 SC 1910,
  Bhim Sen (supra), Meena Ram (supra) and Chhotely Lal
H (supra), in the light of our interpretation with reference to the
  SHARANJIT KAUR & ANR. v. STATE OF PUNJAB 1089
             [P. SATHASIVAM, J.]

relevant provisions of the Punjab Panchayati Raj Act, 1994, we    A
feel that the same are not helpful to the stand taken by the
appellants.

     18. Under these circumstances, we hold that in the facts
and circumstances of the present case, the investigation is to
                                                                  8
be conducted by the police authorities only and the offence of
Section 420 IPC where the allegations are of a serious nature
and the appellants has duped of Rs. 30 lakhs from the
complainant, should be tried by the regular criminal court only
and not by the Gram Panchayat.
                                                                  c
    19. Consequently, both the appeals fail and are
accordingly dismissed. Interim protection granted earlier shall
stand vacated.

K.K.T.                                    Appeals dismissed.      o