- (1.) This is a reference made by the learned Sessions Judge of Hooghly recommending that a certain order of acquittal be set aside and that a criminal case be sent back to a learned Magistrate for trial according to law.
(2.) The case for the prosacution wag that the opposite party, Bagala Kumar Chatterjee, held a Bishahari Jhapan Mela, at Debipur on 21st August 1947 without any licence from the petitioner, the Hooghly District Board, as required by 8. 100A, Bengal Local Self-Government Act of 18S5. It is said that by holding the mela the opposite party committed an offence punishable Under Section 100D of that Act.
(3.) The opposite party contended that he did not hold the said mela or fair at Debipur as alleged by the petitioner and the case was in due course tried by Sri P. Naskar, a Magistrate of the First Class at Chinsurah. Ha did not go into the merits of the case, but he acquitted the opposite party boldiug that the District Board were not era powered by law to issue Iicense 3 for melas or fairs Under Section 100A of that Act. The matter came to the notice of the learned Sessions Judge and he has pointed out that the judgment of the learned Magistrate is clearly Grronoous.;