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1958 Supreme(Cal) 109

N.K.SEN
KALIPADA JANA – Appellant
Versus
SARBESWAR PANDA – Respondent


Advocates Appeared:
ARCHANA SENGUPTA, B.K.PANDEY, J.M.BNERJEE

( 1 ) THIS is an application by Sarbeswar Panda who was opposite party No, 1 in Criminal Revision Case No. 322 of 1958 and is with notice to the learned Advocate for the petitioners in that Revision case. The application has been made under very unusual circumstances. On 11th of March, 1958 I issued a Rule in favour of the petitioners in Cr. Revn. Case No. 322 of 1958 who were members of the second party in a proceeding under Section 145 of the Code of Criminal Procedure. This Rule was made returnable in two weeks and it came up for hearing on the daily list on 25th of March, 1958. On that day Mr. B. K. Panda, Advocate appeared before me and prayed for adjournment of the case, stating that he had instruction to appear in the case on behalf of the opposite parties but had not till then received any Vakalatnama. I adjourned the case for the day and did not take it up until 27th of March, 1958 on which day nobody appeared on behalf of the opposite parties. The case was thereafter heard in full and I ordered the case to be sent back for rehearing.

( 2 ) IN the present petition, which has been sworn to by one Bejoy Krishna Panda, brother of the petitioner, it is stated that the notice








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