ORDER :- This rule was issued at the instance of Anila Bala Devi, who is a Purdanashin lady belonging to a very respectable family and is called the Rani of Jemo Rajbati Madhyam Taraf. On the complaint of the Chairman of the Kandi Municipality, she was summoned under S. 349/500, Bengal Municipal Act [Act XV [15] of 1932, Bengal].

2. Section 349 gives power to the Commissioners of a Municipality to require cleansing of sources of water used for drinking or culinary purposes. Section 500 deals with non-compliance with the orders of the Commissioners. The punishment in the present case at the maximum was a fine of Rs. 50.

3. This respectable Purdanashin lady applied before the Sub-Divisional Magistrate of Kandi for permission to appear by a pleader. What has surprised us most is why the Sub-Divisional Magistrate did not exercise his powers under S. 205, Criminal P.C., and allow the lady to do so. It seems various proceedings took place including an examination under orders of the Court by the Assistant Surgeon and allegations also against the Assistant Surgeon.

4. The Sessions Judge was of opinion that the order of the Magistrate in not allowing the lady to appear by pleader was an impro

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