Kuppuswami Ayyar, J.

1. His is a petition to revise the order of the Sessions Judge of East Godavari confirming the conviction and sentence passed upon the petitioner for an offence punishable under Section 5(b) read with Section 7(1) of Ordinance. XI of 1941 read with Explanation 2 to Section 5 of the Amending Ordinance XXVI of 1942. He was sentenced to rigorous imprisonment for six months and a fine of Rs. 300.

2. The petitioner was appointed as an Assistant Public Prosecutor in East Godavari. In the course of his duties he had to conduct the prosecution of political offences. On the 18th November, 1942, he sent in his resignation which runs thus:

I Hereby resign my post as A.P.P. grade No. 2 partly as a protest against the repressive policy of the Government against Mahatma Gandhi and the Congress organisation, secondly to signify my heartfelt approval of the Bombay resolution of the A.I.C.C. dated 8th August, 1942, thirdly to take active part in the civil disobedience movement, that is, the freedom movement started by the Indian National Congress under the leadership of Mahatma Gandhi. I request you to make arrangements immediately for the conduct of cases lest I should be su