BEJOY KRISHNA MUKHERJEE Vs. SATISH CHANDRA MITTRA

JUDGEMENT

(1.) This was a Rule granted by this Court, the learned Judges being my learned brothers Mr. Justice Chaudhuri and Mr. Justice Newbould, calling upon the District Magistrate and the opposite party to show cause why the order complained against should not be set aside or why such other further order should not be made as to this Court might seem fit and proper.

(2.) The order complained of was made by the learned Sessions Judge of Burdwan, and by such order he allowed the appeal and set aside the convictions of and sentences upon the appellants, Satish Chandra Mitter, Puma Chandra Mitter and Keshab Chandra Mitter. There was a separate appeal presented by the fourth accused Seodhan Dobey, and the conviction of and sentence upon this appellant was set aside. The learned Judge ordered a re-trial in both cases.

(3.) The first point, that we have to consider, was raised by Mr. Sanyal, the learned Vakil for the accused persons. He urged that Mr. Mukherjee who is appearing for the complainant Bejoy Krishna Mookerjee has no locus standi in this Court on the hearing of this Rule.