Calcutta, March 9: Calcutta High Court today admonished the sub-divisional judicial magistrate of Howrah for acquitting two persons charged with assaulting a man.

Justice P.. Sinha sent the case back to the magistrate and directed him to hold a fresh trial. ?I believe that it is a fit case for the trial court to intervene... and that is why I am sending back the case to him,? he said.

?The SDJM did not apply his mind in the matter. He should have considered the importance of the medical report submitted by the petitioner,? the judge added.

On May 16, 1996, Ashima Dey had lodged a complaint at Shibpur police station accusing her brothers Abhijit and Ashesh of beating up her husband. She said the duo also heckled her when she went to rescue her husband, who had fractured his arm.

Police lodged a criminal case against the brothers but the Howrah magistrate acquitted them on October 10, 2003, citing lack of evidence.

The high court took up the matter when Ashima?s lawyer Utpal Kanti Mondal moved an appeal against the verdict.