Kanhaiya Singh, J.

1. This is a reference by the Sessions Judge, Patna, under Sec. 438 of the Code of Criminal Procedure recommending (1) expunction of certain adverse remarks made against Thakur Ramsagar Singh, Additional Deputy Superintendent, Patna Medical College Hospital, by Mr. B.N. Mishra, Judicial Magistrate, 1st Class, Patna, in his judgment dated 15th January, 1960, in G.R. Case No. 218 of 1959, State V/s. Chandrika Prasad and (2) quashing the proceeding under Section 250 of the Code of Criminal Procedure. The facts are these.

At about 3 a.m. on 3rd February, 1959, Amina Khatun (P.W. 3) saw Chandrika Prasad, who has also been described as Chandrika Singh, carrying certain surgical instruments and drugs from the Eye Department o£ the Patna Medical College Hospital and raised alarm. He was pursued by her and Kara Ram (P.W. 1), Durga Ram (P.W. 2), Kishori (P.W. 5) and Jagan Narain Singh (P.W. 6). They succeeded in overpowering and apprehending him. He was thus caught red-handed with three instruments and some drugs.

The aforesaid employees of the hospital produced him before Thakur Ramsagar Singh, Additional Deputy Superintendent, Patna Medical College Hospital, and