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1952 Supreme(Cal) 67

HARRIES, S.R.DAS GUPTA
KANAI HIZRA – Appellant
Versus
GOLAP HIZRA – Respondent


Advocates Appeared:
GURUDAS BHUTTACHARJYYA, KISHORE MUKHARJI, S.S.MUKHERJEE

S. R. DAS GUPTA, J.

( 1 ) THIS is an application for revision of an order passed by a learned Sessions Judge affirming the order of the Sub-Divisional Officer and a Magistrate, First Class, Chinsurah, issuing process under Section 323, Penal Code, against the petitioners.

( 2 ) THE matter arises in this way. On 4-6-1951 one Golap Hizra filed a petition of complaint before the Sub-Divisional Officer, Hooghly. The allegations in the petition of complaint are as follows : On 29-5-1951 the complainant was requested by some of the accused to attend a 'salish' to have a case, pending in the criminal court of Alipore between Kanai and himself, compromised. As such on that date the complainant proceeded from Howrah to Baidyapur by train to attend this 'salish'. While he got down from the compartment of the train at Bandel station all the three petitioners hit the complainant with an iron rod, brickbat and a broomstick. On this complaint a process was issued by the Sub-Divisional Officer, Chinsurah, before whom the complaint was made, and the petitioners were summoned under Section 352, Penal Code, and the case was fixed for examination of the complainant on 3-7-1951. On that date, that i








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