JUDGMENT

1. This was a rule calling upon the District Magistrate to show cause why the conviction and sentence of the Petitioner should not be set aside on the ground that there has been a misjoinder of charges. It is alleged that the Petitioner, purporting to be an official of the Criminal Investigation Department, and also to be a reporter of the Englishman newspaper, mixed himself up with a scandal which had arisen in a family belonging to the Kayestha community, one of the leaders of which is Babu Atma Ram, the Principal of the Patna Law College. By means of his reports and seeking to mix up the name of Babu Atma Ram with the scandal in question, he succeeded in obtaining certain sums of money from Babu Atma Ram on various dates. He was charged under sec. 170, I. P. C, with personating of a Police officer and thereby in such assumed character doing, or attempting to do, an act under color of such office; he was further charged on three charges of extortion in respect of three sums of Rs. 8, Rs. 19 and Rs. 15 and in the alternative on three charges of cheating in respect of the three sums and finally of an attempt at extortion in respect of Rs. 50 under sec. 384 read with sec. 51