(1.) THIS is a Criminal Reference made by the learned Sessions Judge, Tripura in Criminal Motion No. 1 of 1964 with a recommendation for setting aside the order, dated 12 -12 -1963, passed by the Magistrate First Class, Sabroom in Misc. Case No. 14 of 1963.
(2.) THE facts out of which this reference arises are briefly as follows:
(3.) THE learned Magistrate heard both the parties, considered the affidavits and documents filed in the case and in his judgment and order dated 12 -12 -1963 observed inter alia as follows: