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1957 Supreme(Cal) 153

N.K.SEN
BHUPATI BAYEN – Appellant
Versus
STATE – Respondent


Advocates Appeared:
ARCHANA SENGUPTA, Bijan Bihari Das Gupta, C.F.Ali

N. K. SEN, J.

( 1 ) THIS Rule is directed against an order of the Sub-divisional Magistrate, Kandi, Murshidabad, by which he ordered the return of the seized paddy to one Hossain Reza, as prayed for by the Police by their report dated 23-1-1956. A preliminary point was taken by Mr. All who appeared on behalf of the complainant opposite party and his point was that this Rule was obtained without informing the Court that the customary period of limitation of sixty days had expired in the present case. It was, however, conceded by him later on that the period did not expire and the application was moved in time.

( 2 ) HOSSAIN Reza lodged an information with the Police charging the petitioners with having committed offences under Sections 147, 148, 379 and 323 of the Indian Penal Code. His complaint was over the cutting of paddy forcibly from the field of the said Hossain Reza. It was further stated that the object of this noting was to dispossess Mowla Rakha Bibi from her unobstructed possession o the land. It appears that after due investigation the Police submitted final report No. 72 dated 29-12-1956, by which the Police stated that the witnesses were panic-stricken and there was



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