( 1 ) THIS is a petition to quash certain proceedings under Section 500, Penal Code pending against the applicant in the Court of a Magistrate at Midnapore.

( 2 ) THE petitioner is a Member of the West Bengal Legislative Assembly from Ghatal who has been complained against by the opposite party Harisadhan Mukherjee, Sub-Divisional Magistrate, Ghatal. Opposite Parties Bhupati Charan Majhi and Raghunath Dalai are respectively the Editor and the Printer and Publisher of a vernacular fortnightly "janamat" published at Ghatal.

( 3 ) IT appears that in January 1954 the petitioner gave notice of his intention to ask certain questions in the West Bengal Legislative Assembly; the questions were however disallowed in accordance with the rules of procedure for the conduct of business of that Assembly. The disallowance was intimated to the petitioner on 16-2-1954. After a whole year the petitioner published the questions in "janamat" in its issue of 28-2-1955.

( 4 ) ON 29-7-1955 the opposite party Harisadhan Mukherjee preferred a complaint charging the petitioner under Section 500, Penal Code and the opposite parties the Editor and the Printer and Publisher of "jana