THOMAS JAMES HENRY ARNUP Vs. KEDAR NATH GHOSH

JUDGEMENT

(1.) This Rule was granted by my learned brother, Mr. Justice Panton, and me, calling upon the Chief Presidency Magistrate and the opposite party to show cause why the conviction of, and the sentence passed on, the petitioner should not be set aside on grounds Nos. 1, 8 and 9 stated in the petition.

(2.) The petitioner was convicted by an Honorary Presidency Magistrate for assault under Section 323 of the Indian Penal Code and sentenced to pay a fine of Rs. 50. The decision was given on the 23 of March 1925.

(3.) The petitioner is a sergeant in the Calcutta Police attached to the Kumartoli outpost and the assault is alleged to have been committed on the 19 of February 1924.