R N GHOSH Vs. STATE

JUDGEMENT

(1.) This Rule is directed against an order made by a Presidency Magistrate dated,14-12-1954 by which certain proceedings under the Calcutta Police Act against the petitioner were revived and the petitioner was summoned to tafca his trial.

(2.) It appears that on 18-10-1954 a police challan was submitted in the Court of the learned Magistrate against the petitioner and another under Section 62A, Calcutta Police Act (Act 4 of 1866). The charge set out in the challan was in these words;

(3.) It is quite clear that the proceedings against the petitioner and another having been instituted otherwise than upon complaint the learned Magistrate stopped the proceedings without pronouncing any judgment either of acquittal or conviction and released the petitioner.