S.S.SANDHAWALIA, J.

1. Whether a Special Judge appointed under S.6 of the Criminal Law (Amendment) Act, 1952, is competent to make a reference on a point of law under S.395(2) of the Cr. P.C. is the question which has arisen at the very threshold in this case.

2. The proceedings arise from the registration of a case under S.5(2) of the Prevention of Corruption Act together with the allied offences under Ss.120-B, 467, 468 and 471 of the I.P.C. against Shri Harbhajan Lal Moudgil Tehsildar, Ramesh Chand Patwari, and Dhian Singh and some others. During the course of investigation the Chief Judicial Magistrate, Gurdaspur, by an order dated the 30th July, 1977, had tendered pardon to one of the accused persons, namely, Dhian Singh. Thereafter the statement of the said Dhian Singh as approver was recorded by the Chief Judicial Magistrate on the same day and subsequently another statement under S.164 of the Code was recorded by the Judicial Magistrate, Ist Class, Pathankot, on the 5th Aug. 1977. Later the challan in the case was presented before the Sub-Divisional Judicial Magistrate, Pathankot, on the 18th Dec. 1978, and H.L. Moudgil aforesaid made his appearance before him on th