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S. K. GHOSE, LORT-WILLIAMS, LORD-WILLIAMS
Ambica Charan Das – Appellant
Versus
Emperor – Respondent
JUDGMENT
Lort-Williams, J. - In this case a rule was issued to show cause why a certain complaint should not be with. drawn and the proceedings quashed.
2. The facts were that an application for the transfer of a certain criminal case had been made to the Additional District Magistrate at Barisal. The complainant put in an affidavit stating that the accused person had been seen coming away from the compound of the Magistrate to whom the case had been sent for disposal. A counter affidavit was put in sworn by the accused person denying this statement in toto. The learned Additional District Magistrate called for an explanation from the Magistrate to whom the case was sent for disposal. The learned Magistrate made a statement to the effect that there was not a word of truth in the statement made in the affidavit. Upon that the learned Additional District Magistrate on 25th June 1930, made an order stating that the complainant had filed such an affidavit and that the explanation of the trying Magistrate showed that this statement in the affidavit was false and that therefore a formal complaint should be drawn up against him. In the formal complaint which was drawn up as a result of the
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