We have considered the facts of this case, so far as they appear, on the two questions before us, namely, first, the appearance of the Petitioners before the Magistrate by a pleader, and, secondly, the transfer of the case from the Court of Mr. N.K Chaudhuri to some other Magistrate for inquiry or trial. On both these points, our view is in favour of the Petitioners.
We direct that the two Petitioners be allowed to appear at the enquiry or trial by their pleader or pleaders, subject to their having to appear before the Court to hear the sentences passed, should the case be proved against them and the trial end in a conviction. Should the case be committed to the Court of Session, the personal appearance of the ladies may be dispensed with, till the Sessions Judge passes his order.
As regards the second question, we direct a transfer of the case from the Court of Mr. N.K Chaudhuri to such other Magistrate as the District Magistrate may appoint for the purpose of the inquiry or trial of the case.
Rule made absolute.