Chaudhuri and Newbould, JJ.
1. The learned Advocate-General stating that he cannot support the order, we direct a fresh enquiry into this matter.
2. The learned Advocate-General very fairly states that he finds great difficulty in upholding the contention that a police-officer in Calcutta, after suspension, continues to be a police-officer. He also finds difficulty in supporting the contention that the Circular relied upon is authorized by law. Having regard to the note made by the Commissioner of Police that Marsden had nothing to do with the case, the complainant withdraws his charge against him. Order is made to the effect that the case is only to proceed against the Deputy Commissioner, Rai P.C. Lahiri Bahadur, and Manik Lal Sadhu. We also understand from complainants counsel that he will consider whether he should proceed against Manik Lal Sadhu, having regard to the fact that he was merely an inferior police-officer who was bound to carry out the orders of his superior.
3. The learned Advocate-General, on behalf of the Crown, says that he would advise that the man should be at once let out on bail as ordered by Mr. Keays, and upon that no order need now be made by us.
4. We see no reason why the case should not be tried by the Chief Presidency Magistrate. We leave it to him to try it himself or to make it over to some other Magistrate.