JUDGMENT

1. In this case a Rule was issued calling upon the Municipal Magistrate of Calcutta and the Chief Executive Officer of the Corporation of Calcutta to show cause why the orders, dated the 5th and the 26th November, 1925, passed by the Municipal Magistrate, should not be set aside and the case, instituted against the petitioner allowed to be withdrawn.

2. The facts, shortly stated, are as follows: In or about the month of June, 1925, the Corporation of Calcutta prosecuted the petitioner, Sishir Kumar Mitter under Sections 488-386(1a) of the present Calcutta Municipal Act for using premises No. 35-1, Balligunge Circular Road, for manufacturing surkhi without a license for 1924-25. The case came on for hearing on the 26th June, 1925, when the examination of Dr. R.R. Bhuttacharya, Sanitary Inspector on behalf of the Corporation was proceeded with. After Dr. Bhuttacharya had been partially cross-examined, the case was adjourned to the 9th July for further hearing. On the last mentioned date Dr. Bhuttacharya was further cross-examined and the hearing was adjourned to the Kith July. The next effective hearing was on the 5th August, 1925, when the case for the Corporation was closed.