JUDGMENT

Tek Chand, J. - This is a petition presented by Diwan Singh, Azfar Hussain and Nazar Hussain, petitioners, for revision of the order of the Sessions Judge, Delhi, passed under Section 436, Criminal P.C., setting aside the order of Mr. A. Isar, Additional District Magistrate, Delhi, discharging the petitioners in a criminal case which was instituted against them and one Qamarulnabi on a complaint filed by Khwaja Mohammad Akram Khan, Inspector-General of Police, Bhopal State, under Sections 292, 500 and 501, read with Sections 109 and 511, Penal Code. The first petitioner, Diwan Singh, is the proprietor, editor, printer and publisher of a weekly newspaper called "The Riyasat" issued from Delhi. Azfar Hussain is a resident of Amroha in the United Provinces and a caligraphist by profession, who was serving on the staff of the Riyasat. Nazar Hussain also belongs to Amroha and worked as a correspondent of the Riyasat for some time. The fourth accused Qamarulnabi is a caligraphist, doing job work for various presses at Delhi. On 6th January 1930, a complaint was lodged in the Court of the Additional District Magistrate, Delhi, by Khwaja Mohammad Akram Khan against Azfar Hussain alone under Sections 292, 500 and 501/109, 511, Penal Code, on the allegation that he, with the assistance of certain other persons, was secretly preparing for publication, with a view to harm the reputation of the complainant a highly obscene pamphlet containing defamatory matter against the complainant. The Magistrate after briefly examining the complainant, issued a number of search-warrants, in pursuance of which several houses were searched and a large number of documents seized. One of the persons from whose house documents which the prosecution describe as incriminating, were recovered is Fakharuddin, (P.W. 12), who was at the time sub-editor of the Riyasat. He is a person with not very creditable antecedents, having been previously convicted in a case in which he was tried on charges of embezzlement, forgery and falsification of accounts. It is admitted by the prosecution that soon after the search, Fakharuddin "got into touch" with the complainant and other Police Officials of. Bhopal and after some time received a "pardon" from the complainant on condition of his agreeing to give evidence against Diwan Singh.

2. Though it was on 7th January 1930, that most of the documents on which the prosecution rely came into their possession, and shortly afterwards they are stated to have succeeded in winning over to their side an important witness-like Fakharuddin, no proceedings were taken on this complaint for about five-months. The explanation offered is that during this period an attempt was being made by the complainant to obtain the sanction of the Local Government to prosecute Azfar Hussain and his alleged confederates for conspiracy under Section 120-B, Penal Code. The Local Government however declined to grant the sanction, and eventually on 13th June 1930, Khwaja Mohammad Akrairn Khan lodged a second complaint under Sections 292, 500, 501/109 and 511, Penal Code, against Diwan Singh, Azfar Hussain, Nazar Hussain and Qamarulnabi. Proceedings on this complaint continued in the Magistrate's Court for a period of two years and three months, in the course of which 43 witnesses, were examined on behalf of the prosecution, and the Magistrate also recorded, at the request of the defence, the statement of Mr. R. Stott, Government Examiner of Questioned Documents, as he was leaving India on long, leave. The record of the Magistrate covers over 2,000 pages of closely typewritten matter, besides a large mass of documentary evidence produced by both parties. On 23rd September 1932, the Magistrate passed a lengthy order by which he discharged Diwan Singh. Azfar Hussain and Nazar Hussain holding that the prosecution had failed to establish a prima facie case against them, but framed charge under Sections 116, 511/500 and 116, 511/292, Penal Code, against the f