SHAIKH AZIZ MANDAL Vs. GIRISH CHANDRA CHOWDHRI

JUDGEMENT

(1.) This Rule called upon the District Magistrate to show cause why the conviction and sentence of the petitioner should not be set aside on the first and fifth grounds in the petition.

(2.) The first ground was that the learned Deputy Magistrate erred in not trying the case de novo and thereby failed to exercise a jurisdiction vested in him by law.

(3.) The Magistrate who tried the case was Mr. A. P. Peters. The case had, in the first instance, been before Mr. Section C. Das Gupta, a Sub-Deputy Magistrate, and on the 1 April 1921 the complainant and four prosecution witnesses were examined. The case was then adjourned to 12 April 1921, for recording the accedes statement. On the l0 April 1921, Mr. Section C. Das Gupta recorded the statement of the accessed, charge was framed and three prosecution witnesses were cross-examined and the case was ad journal to the 3 May 1941. Then, apparently, there were several adjournments, and on the 26 of Jane 1921 the Sub-Divisional Officer, Mr. P. Sen, made the following order:- To my file, as Baba Section C. Das Gupta has been transferred. The accused prays for a de novo trial. Summon all the prosecution witnesses and defense witnesses."