JUDGMENT

Harrison, J. - Two officers were appointed special Commissioners under Act 37 of 1850 to hold an inquiry under that Act regarding the conduct of Mr. M.M. Khan, executive engineer. A certain document was put in in the course of that inquiry and the Special Public Prosecutor Rai Bahadur Jwala Parshad then applied, under Section 195, Criminal P.C., read with Section 476 to the Commissioners and asked them to make a complaint. This application was opposed by Sir Muhammad Shafi, counsel for the officer whose conduct was under inquiry, and after a lengthy hearing an order was passed by the Commissioners to the effect that no complaint by them was necessary and that the case could proceed without it.

2. Rai Bahadur Jwala Parshad urged that a complaint was necessary but that whether it was necessary or not it should anyhow be made as it could in no way injure or invalidate the proceedings, and it would be a wise precaution if there was any doubt in the matter. I do not quite understand the reasoning of the Commissioners as to why they did not adopt this course and save themselves and others much trouble, expense and delay. Anyhow a complaint was instituted by Mr. Nicholson, Superint