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Issues:
1. Requirement of a complaint under Section 195, Criminal P.C. 2. Definition of a Court in the context of the Evidence Act and Criminal P.C. 3. Judicial proceedings before the Commissioners. 4. Interpretation of the term "Court" under Section 195, Criminal P.C. Analysis: The judgment by Harrison, J. revolves around the issue of whether a complaint was necessary under Section 195, Criminal P.C. in a case where two officers were appointed as special Commissioners to hold an inquiry regarding the conduct of an executive engineer. The Special Public Prosecutor requested the Commissioners to make a complaint, but they decided it was unnecessary. However, a complaint was later filed by another official, leading to a legal dispute (para 1-2). The debate in the case focused on the definition of a Court, particularly in the context of the Evidence Act and Criminal P.C. The petitioner's counsel argued that the Commissioners qualified as a Court under the Evidence Act as they were authorized to take evidence on oath. The proceedings before the Commissioners were deemed judicial proceedings, further supporting the argument that they constituted a Court (para 3-4). On the other hand, the Crown's counsel relied on previous authorities, emphasizing the need for a Court to have the authority to take evidence and deliver a final decision to be considered as such. The judgment referred to various cases to establish the criteria for defining a Court, highlighting the importance of the power to give a final decision as a key factor (para 5-7). The judgment also delved into specific cases, such as the decision in Bilas Singh v. Emperor, to determine whether certain bodies, like election Commissioners, could be classified as a Court under Section 195, Criminal P.C. The interpretation of the term "Court" was crucial in deciding whether the Commissioners appointed under Act 37 of 1850 fell within its scope and whether their findings necessitated a complaint (para 8-9). In conclusion, the judgment by Harrison, J. clarified that the Commissioners appointed under the Act were considered a Court, despite not directly administering justice but providing recommendations akin to the Privy Council. Therefore, a complaint by the Commissioners was deemed necessary in the case, highlighting the significance of the term "Court" under Section 195, Criminal P.C.
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