JUDGMENT

GOSWAMI, J.:—This appeal by special leave is directed against the judgment and order of the High Court of Kerala of June 13, 1977, sanctioning a complaint against the appellant along with two others, who are not before us, for an offence under Section 193, IPC after making an enquiry under Section 340 (1) Code of Criminal Procedure, 1973. At the time of granting special leave this Court ordered for impleading the State of Kerala and the State is represented before us by its Advocate General who adopts the arguments of the appellants counsel Mr. Debabrata Mookerjee, and also addressed us in support of the appeal.

2. This particular proceeding is an off-shoot out of a habeas corpus application instituted on March, 25, 1977, in the High Court of Kerala by T. V. Eachara Warrier who is a retired Professor of Hindi of the Government Arts and Science College, Calicut. His son Rajan who was a final year student in the Regional Engineering College, Calicut, was a resident of the College Hostel. Shri Warrier received a registered letter from the Principal of the College informing him that his son, Rajan, was arrested and taken into police custody on March 1, 1976.

3. This was a time w