Judgment

IMAM, J (on behalf of himself and Raghubar Dayal, J.) : The appellants were convicted for contempt of court and each of them was sentenced to pay a fine of Rs. 500 by the Calcutta High Court. They applied to the High Court for a certificate that the case was a fit one for appeal to this Court which was granted. Hence the present appeal.

2. On March 19, 1955, one Bimala Kanta Roy Choudhury filed a complaint before the Sub-Divisional Magistrate, Alipore, against the respondent B. K. Sen under S. 497 of the Indian Penal Code. The Magistrate after examining numerous witnesses declined to frame a charge and discharged the accused under S. 253(1) of the Code of Criminal Procedure by his order dated July 13, 1957. Against the order of discharge Bimala Kanta Roy Choudhury filed a revisional application before the Sessions Judge of 24 Paraganas, who by his order dated November 22, 1957, directed further enquiry. On January 3, 1958, the Magistrate while holding further enquiry, as directed, allowed the prosecution to tender further evidence. On February 3, 1958, the accused B. K. Sen filed a revision petition in the Calcutta High Court against the order of the Sessions Judge directing