This was a Rule calling on the District Magistrate of Paridpur to show cause why the proceedings in this case should not be dropped.
The man, on whose complaint the prosecution was started, died and, on his death, his nephew, one Bisseshur Paul, applied to be substituted in place of his deceased uncle.
The case is one under sec. 352, I.P.C, which is compoundable; and we see no reason for the substitution of Bisseshur in place of the deceased Complainant. An order under sec. 247 ought to have been passed by the Magistrate on the failure of the Complainant to appear at the hearing of the case, and sec. 247 empowers the Magistrate to acquit the accused person, unless for some reason he thinks proper to adjourn the case to some other day. The only ground on which the learned Magistrate has chosen to proceed with the case is that the accused had been guilty of the contempt of the process of the Court and he has considered that a good ground.
To our mind, it is not a sufficient ground. The accused is acquitted and the Rule is made absolute.
Rule made absolute.