42. Exclusion of certain cases.- (1) Subject to the provisions of sub-section (3) no 1* * Panchayat shall take congnizance of any offence runder, the Indian Penal Code, 1860 (XLV of 1860) in which either the complainant or the accused is a public servant.
(2)When information relating to the commission of a cognizable offence triable by a 2* * Panchayat has been given to an officer-incharge of a police station, he shall forthwith send a copy of the First Information Report to the 2* * Panchayat competent to try such an offence and such 2** Panchyat 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. Such officer shall send the information to the 2* * Panchayat after the conclusion of the investigation.(3)No criminal case shall be heard by any 2* *. Panchayat when a criminal case on substantially the same facts against the same person has been heard and finally decided by a competent Court or Panchayat 2[or is pending therein].
