FAUJDAR THAKUR Vs. KASI CHOWDHURY

JUDGEMENT

(1.) This case has been, laid before me under the provisions of Section 429, read with Section 439 of the Code of Criminal Procedure, owing to there being a difference of opinion between the learned Chief Justice and Teunon J. before whom the case came

(2.) Twenty-three persons were charged with having committed an offence punishable under Section 148 of the Indian Penal Code. After a trial which lasted about three months the Magistrate acquitted all the accused. An application was then made to this Court to set aside the acquittal and to direct a retrial That application came on before Sharfuddin and Teunon JJ. who issued a Rule on the opposite party to show cause why the order of acquittal should not be set aside and a retrial ordered. The Rule subsequently came on for hearing before the learned Chief Justice and Teunon J. who differed in opinion, the Chief Justice being of opinion that the Rule ought to be discharged, whilst Teunon J. was of opinion that the Rule should be made absolute.

(3.) The application to set aside the order of acquittal, is opposed both by the accused and by the Local. Government.