Debarbrata Mookerjee, J. - (1.) This Rule is directed against an order made by a Presidency Magistrate dated,14-12-1954 by which certain proceedings under the Calcutta Police Act against the petitioner were revived and the petitioner was summoned to tafca his trial.
(2.) It appears that on 18-10-1954 a police challan was submitted in the Court of the learned Magistrate against the petitioner and another under Section 62A, Calcutta Police Act (Act 4 of 1866). The charge set out in the challan was in these words; "All the accused persons are charged with not keeping order in and put by shouting at the top of their voice over share business and also causing obstruction to the general traffic at Royal Exchange Place on the 18th of October at about 5/.15 P. M." On the next day the petitioner appeared in Court and his plea was taken under Section 242, Criminal P. C.; but the complainant, that is to say, the police officer concerned who had submitted the challan was found absent whereupon the learned Magistrate made an order under Section 249, Criminal P. C. by which the proceedings were stopped.
(3.) It is quite clear that the proceedings against the petitioner and another having been instituted otherwise than upon complaint the learned Magistrate stopped the proceedings without pronouncing any judgment either of acquittal or conviction and released the petitioner.;