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Calcutta High Court · body

1934 DIGILAW 176 (CAL)

Hemodhar Sarmah v. Anandiram Ram Saikia

1934-06-06

S.K.GHOSE

body1934
ORDER S.K. Ghose, J. - The petitioner in this Rule has been convicted u/s 22 of Act I of 187l, Cattle Trespass Act. One of the grounds on which the Rule was issued is that although the occurrence is alleged to have taken place on September 29, 1933, the complaint was not filed until October 10, 1933, and that therefore it was time-barred u/s 20 of the Act. The learned Magistrate in showing cause admits the correctness of this ground which does not appear to have been taken in the Court below. I accordingly make the Rule absolute. The petitioner is acquitted and directed to be set at liberty. The fine, if paid, must be refunded.