Knowledge of the landholder or his agent is an essential element of an offence under Section 154, Indian Penal Code.

JUDGMENT

C.C. Ghose, J. - The facts connected with this Rule are as follows : The petitioner, Nripendra Bhusan Ray, is a nonresident zemindar of Narail in the district of Jeasore. It is stated that he resides at Madhupur in the Sonthal Parganas and that all the affairs of his zamindari, which lies in several districts, are managed by one Bepin Behari Dutt, who is his manager and who resides at his sudder cutohery in Narail. There is a hat at a place called Simakhali, 17 or 18 miles distant from Narail, which is owned by the petitioner and others. This hat is let out to various persons under leases for a term. In 1327 B.S. the hat in question was leased out to one Ibrahim Sikdar for a period of three years at an annual rental of Rs. 575 and during the pendency of this lease a rival hat was started in or about January, 1922, at a place called Kholabari, which is within a mile of Simakhali. On the 17th September, 1922, a riot occurred at Kholabari. Certain persons, namely, Forman, Izatulla, Wares Sikdar, Basiruddin and Khodai Mulla were convicted of rioting at Kholabari by the Additional Sessions Judge of Jessore on the 8th February, 1923. Thereafter a case was started under Sections 150 and 157, Indian Penal Code, against one Hemant Kumar Banerjee, who was the petitioners' former 'local agent at Narail, and some other persons on the ground that they collected and engaged various persons to commit the aforesaid riot at Kholabari. It has 'been stated before us that the said case ended in an acquittal of the accused therein. On the 12th March, 1923, an application was made before the Sub-Divisional Officer, Sadar, for rawing up proceedings against tha, petitioner u/s 155, Indian Penal Code, and against the said Bepin Behari Dutt under Sections 150 and 156, Indian Penal Code. The Sub-Divisional Officer held that he could not entertain the application. Thereafter the Inspector of Police of the Magura Sub-Division filed a formal complaint before the District Magistrate of Jessore, charging the petitioner and the said Bepin Behari Dutt with having committed offences punishable under Sections 155 and 156, Indian Penal Code, respectively. In his complaint before the District Magistrate the Inspector of Police stated that the ijaradar of the Simakhali hat began to oppress the traders and dealers at Simakhali hat by realising enhanced rents and excessive tolas and by exercising other acts of high-handedness over them. It was further stated by the Inspector of Police that on account of the oppressions of the ijaradar of Simakhali hat, a rival hat had been started at Kholabari and that both the hats began to sit on the same days, viz., on Sundays and Wednesdays, and that the result was that the old hat at Simakhali lost its importance and the new hat at Kholabari flourished. Ha further stated that owing to the rivalry of the two hats breaches of the peace were apprehended and proceedings under Sections 107 and 144, Criminal Procedure Code, were instituted from time to time in the Court of the Sub-Divisional Officer of Magura. He then referred to the riot which took place on the 17th of September, 1922, and to the conviction of some of the rioters by the Additional Sessions Judge of Jessore in February 1923. He went on to refer to the case against the local agent, Hemant Kumar Banerjee, and stated that in the course of the investigation of the case against Hemant Kumar Banerjee, 16 letters were produced by Bepin Behari Dutt, the manager of the petitioner, before one Ajit Mohan Chowdhury, Inspector of Police. It was alleged that from the letters and from other evidence it would appear that the said Bepin Behari Dutt was guilty of an offence punishable u/s 156, Indian Penal Code, and that the petitioner was liable for an offence u/s 155, Indian Penal Code. The petition of the Inspector of Police contained also the following paragraphs : "That the said riot at Kholabari hat on the 17th September, 1922, was committed for the benefit of the above n