This rule was granted for the purpose of considering the legality of the order made by the Deputy Magistrate under sec. 147 of the Criminal Procedure Code: and we have had the opportunity and advantage of hearing Sir Griffith Evans on the law and the difficulties created by the imperfect drafting of sec. 147, C. Cr. P. Upon the facts found by the Deputy Magistrate, we see no sufficient reason to differentiate the present case from the case of Pasupati Nath Bose v. Nando Lal Bose, and, as at present advised, we see also no reason for taking the course suggested by learned counsel, viz., to refer the case to a Full Bench. Having, therefore, given the case our best consideration we have come to the conclusion that this rule ought to be discharged and we discharge it accordingly.
H.P.C
Rule discharged.