JUDGMENT

Chotzner, J. - We are of opinion that this Rule must be made absolute on the first ground upon which it was issued, namely that the judgment of the learned District Judge is not in accordance with law. It seems that the Subordinate Judge drew up an order directing the prosecution of the present petitioner on certain grounds. An appeal was taken from that order u/s 476-B, Criminal P.C., to the District Judge. The learned Judge, however, seems to have regarded the complaint drawn up by the Subordinate Judge as defective and he there fore sent instructions to the Subordinate Judge

to frame a proper complaint more or less in the form of a charge giving the date of the alleged offence or offences, the way in which they were committed (i.e., in the case of the charge u/s 471 the mode of user).

and then he goes on to say "let him send me the complaint in this form" and he then proceeded to state what; apparently was one of the grounds of appeal which was

that judgment-debtors Nos. 2 and 3 took no active part in the prosiecution of the case and cannot be bound with anything which Judgment-debtor No. 1 may have done. The Subordinate Judge should meet that objection.

2. This order was