R. L. NARASIMHAM, C. J.

( 1 ) THIS is a proceeding for contempt initiated against Shri Banamali Das, Additional Superintendent of Police, Cuttack, on the basis of some observations made by my learned brother Rao, J. in Criminal Appeal Nos. 80 and 81 of 1957.

( 2 ) THE material facts are as follows: One Manu Santra a leading contractor and influential man of village Dhangarpada, P. S. Sadar Cuttack was murdered sometime between 5. 30 p. m. and 6 p. m. on the 8th December at the village. After the usual investigation, and committal proceedings, 19 persons were tried in the Court of the Additional Sessions Judge of Cuttack for the offence. Two of the accused persons were (1) Suresh Chandra Pradhan and (2) Lokenath Pradhan. On the same day at about 6 p. m. a station diary entry was made at Lalbag Police Station, Cuttack, by the then A. S. I. in charge Shri G. B. Jena to the following effect:

"343. 6 p. m. One Lokenath Padhan accompanied by his brother Suresh Chandra Padhan, son of Gobardhan Padhan of Dhangarpara P. S. Sadar Cuttack appeared at the Police Station and reported that they had come to Court today for some case matters and at about 4. 30 p. m. they both went to the house o