Baladev Misri vs A.A.M. Clarke

This is a reference by the Sessions Judge of Sylhet sent up to us for setting aside the sentence of fine passed upon one Mr. A. A. M. Clarke for the offence of assault. The ground on which the order is attacked is that the accused was not informed of his right under the law to be tried according to the procedure laid down for the trial of European British subjects. The law is quite clear and distinct on the subject and the error in the procedure of the Magistrate in the trial of the accused is apparent.

We therefore accept the reference and set aside the conviction of the accused, Mr. A. A. M. Clarke. The fine, if paid, will be refunded.