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1975 Supreme(Cal) 13

A.K.DE
MADAN MOHAN CHOWLIA – Appellant
Versus
ASHUTOSH SASMAL – Respondent


JUDGEMENT

1. The second party in a proceeding under Section 133 of the old Code of Criminal Procedure, 1898 to be hereafter called the Code, is petitioner before me. Ashutosh Sashmal and others the opposite parties in this rule filed a mass petition before Revenue Minister of the Government. The said petition was enquired into and a report submitted to the Sub-Divisional Executive Magistrate Uluberia. Reading that report the learned Sub-Divisional Executive Magistrate has drawn up a proceeding under Section 133 of the Code and has served a copy of his order on the petitioner requiring him to appear before "himself" on 3-7-1973 and to move to have his order set aside or modified or to show cause why the order shall not be enforced. The petitioner appeared before the said Sub-Divisional Executive Magistrate on 3-7-1973, applied for time and was granted time upto 10-7-1973. The learned Sub-Divisional Executive Magistrate by the same order of that date transferred the case to the file of Sri M.C. Sengupta, a Magistrate with 2nd Class power, for favour of disposal. On 10-7-1973, the petitioner appeared before the said transferee Magistrate Sri Sengupta and filed show cause. He fixed 25-5


















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