JUDGMENT

Sanderson, C.J. - This is a Rule obtained on behalf of Chunder Kumar Sen on the 23rd of April 1925 calling upon the District Magistrate and the opposite party to show cause, why the order complained of should not be set aside or such other order passed in the matter as to this Court might seem fit and proper.

2. The order complained of was made by the learned District Judge of Chittagong on the 31st of January 1925, whereby the learned Judge directed that criminal proceedings should be instituted against Chunder Kumar San and Bejoy Singh Hazari for offences under Sections 209 and 466 of the Indian Penal Code and for abetment of these offences.

3. This Rule deals with the case of Chunder Kumar Sen only. I think it to necessary to mention certain date?. It appears that an application was made to the learned Subordinate Judge for filing a complaint against the petitioner Chunder Kumar San. That application was disposed of on the 1st of October, 1923, By that time the amendment of the Criminal Procedure Code created by the Act of 1923 had come into force and the learned Subordinate Judge declined to make a complaint u/s 476 of the Code of Criminal Procedure as amended,

4. There wa