( 1 ) ON the complaint of the present petitioner Kumar Purnendu Nath Tagore the Additional Chief Presidency Magistrate, Calcutta, issued processes against one Saliendra Kumar Chakraborty for an offence under Section 500, I. P. C. and against some other persons for an offence under Section 500/ 109, I. P. C. The case was transferred to Mr. M. C. Sarbadhikary, Presidency Magistrate, for trial but after some witnesses had been examined by him he went away on transfer. . His successor directed a fresh trial. Lady Ranu Mookerjee of No. 7 Harrington Street who , it is said, is the President of the National Academy of Pine Arts, was summoned to appeal as a witness for the complainant on 28-11-1955. On that date she filed an application praying that as her heart was very weak, she would not be able to attend the Magistrate's court which was on the first floor and she might be examined on commission. The Magistrate refused the prayer but ordered that he would examine her on the 6th of December in a ground-floor room.

( 2 ) FOR reasons which are not relevant to the decision of the present application, she was not. examined on the 9th of December. A fresh summons was served on