Bhandari, J.

1. Two points arise for decision in the present case, namely (1) whether a Special Judge appointed under the provisions of the Criminal Law Amendment Act, 1952, can exercise the powers conferred by Section 503, Criminal P. C.; and (2) whether the order passed by the learned Special Judge of Delhi declining to issue a commission for the examination of a certain witness should be set aside.

2. Mr. K. M. Munahi, Governor of Uttar Pradesh, was cited as a prosecution witness in a case against Mr. Krishnaswamy, I. C. S., and certain other persons, which is pending in the Court of sardar Gurdev Singh, a Special Judge at Delhi. On 22-5-1954 the Public Prosecutor made an application under Section 503, Criminal P. C., in which he prayed that the personal attendance of Mr. Munshi be dispensed with and that his evidence be recorded on commission as the presence of Mr. Munshi cannot be procured without causing much delay and inconvenience to the witness and without causing dislocation of his public duties as the Governor of an important State. Sardar Gurdev Singh was unable to accede to this request as he was of the opinion that a Special Judge appointed under the provision