( 1 ) THIS Rule was issued on the opposite parties to show cause why they should not be proceeded against for contempt of the Ct. of the Addl. Chief Presidency Mag. of Calcutta for having printed and published certain leaflets containing remarks as regards the merits of a case pending in the Mag. 's Ct.

( 2 ) THE leaflets have been produced before us and quite clearly they contain a remark that the complaint filed by the petnr. in the Mag's. Ct. at Calcutta is false. On behalf of the opposite parties a point has been raised that as proceedings have already been instituted by one Biswanath Agarwalla Under Section 500, 501 and 109, I. P. C. with regard to the publication of the very leaflets which form the subject-matter of the present contempt proceedings, these proceedings for contempt do not lie before this Ct. in view of the provisions of Sub-section (3) of Section 2, Contempt of Courts Act. The sub-section is in these words :"no H. C. shall take cognizance of a contempt alleged to have been committed in respect of a Ct. subordinate to it where such contempt is an offence punishable under the I. P. C. " it is important to mark the words "such contempt.