K. C. Chunder, Guha

( 1 ) THIS rule was issued by our learned brother Sen J. on the petition of one Srimati Champa Devi who was an accused under trial on a charge under Section 323, Penal Code, before a Presidency Magistrate of Calcutta on the com-plaint of one Babulal Goenka, the opposite party. As our learned brother thought that the rule should be disposed of by a Divisional Bench it has been placed before us under the orders of my Lord the Chief Justice.

( 2 ) THE petitioner is a purdanashin lady not resident, it is said, in Calcutta. She applied to the Magistrate for permission to appear by an agent. She was rightly granted such permission by the Magistrate and wag appearing through her lawyer. Then, an application was filed before the Magistrate by the complainant opposite party asking that she should be required to attend personally to be examined under Section 342, Criminal P. C. The petition was rejected by the trying Magistrate. The complainant came up before this Court and our learned brother Sen J. was of the opinion that the order of the Magistrate should be set aside. Obviously, it appears, he was of the opinion that in view of a decision in the case of Adeluddin v.

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