BIBHUTY MOHUT ROY Vs. DASIMONIDASSI

JUDGEMENT

(1.) In this case a Rule was issued calling upon the District Magistrate to show cause why the conviction and sentence should not be set aside on the ground that the appellate Court did not find that there was evidence on which, the petitioner could properly be convicted.

(2.) This rule appeared in the paper for hearing on the 3 of November and on that day an order was made by the learned Judges of the Criminal Bench in these terms. "No body appearing to support this Rule, it is discharged."

(3.) On the 7 of November, an application was made to the same learned Judges asking that the case might be restored to the list and heard and determined upon the merits. Accordingly the case was restored to the list and it came on for hearing before this Court. On the case being called on, a preliminary objection was taken by Mr. Douglas White who appeared to show cause against the rule to the effect that this Court had no jurisdiction to deal with the Rule because it had already been discharged by the Criminal Appellate Bench and he cited in support of his preliminary objection in the case In Re: Gibbons 14 C. 42.