CHANDRA KUMAR SEN Vs. MATHURIA DEBYA

JUDGEMENT

(1.) This is a Rule obtained on behalf of Chandra Kumar Sen, on the 23 of April 1925, calling upon the District Magistrate and the opposite party to show cause why the order complained of should not be set aside, or such other order passed in the matter as to this Court might seem fit and proper.

(2.) The order complained of was made by the learned District Judge of Chittagong, on the 31 of January 1925, whereby the learned Judge directed that criminal proceedings should be instituted against Chandra Kumar Sen and Bijoy Singh Hazari for offences under Secs.209 and 466 of the Indian Penal Code, and for abetment of these offences.

(3.) This Rule deals with the case of Chandra Kumar Sen only. I think it is necessary to mention certain dates. It appears that an application was made to the learned Subordinate Judge for filing a complaint against the petitioner Chandra Kumar Sen. That application was disposed of on the 1 of October 1923. By that time the amendment of the Criminal Procedure Code, created by the Act of 1923, had come into force, and the learned Subordinate Judge declined to make a complaint under Section 476 of the Criminal P. C. as amended.