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1961 Supreme(Cal) 194

BHATTACHARYYA, D.N.DAS GUPTA, N.K.SEN, S.K.SEN, AMARESH ROY
Prova Debi – Appellant
Versus
Fernandes – Respondent


Advocates Appeared:
S.S. Mukherjee with Dr. H.N. Das Gupta, J.N. Chaudhury, S.C. Sen and Kishore Mukherjee, for Petitioner; Nilmoni Goswami with Mrs. J. Nag, Nepal Chandra Sen and Mrs. Rajkumari Singh, for Opposite Parties.

JUDGMENT

S. K. SEN, J. :- Criminal revision Case No. 525 of 1960 referred to this Full Bench arises from a case pending in the Court of Sri R. N. Banerjee, Magistrate, 1st Class, Aansol, against the petitioner Prova Debi and two others. In that case on the complaint of the opposite party Mrs. Fernandez, three accused including the petitioner Prova Debi were summoned, Prova Debi being summoned under section 323 of the Indian Penal Code. On her prayer she was permitted to Be represented by a pleader under section 205(1) of the Criminal Procedure Code. The case was thereafter transferred to Sri R. N. Banerjee, Magistrate, 1st Class for disposal. When the stage arrived for examination of the accused under section 342 of the Criminal Procedure Code, the learned Magistrate directed the petitioner Prova Debi to appear in person, observing that in view of the ruling of the Calcutta High Court, he could not permit the petitioner to be examined through her pleader and that she must appear personally in Court for examination under section 342 of the Criminal Procedure Code. Against that order this revisional application was filed. When the matter came before a Division Bench, that Bench obser



















































































































































































































































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