CHANDRA, J. :- In Criminal Appeal No. 355 of 1962 (Mohammad Sami v. State) and Capital Sentence Reference No. 25 of 1962 (State v. Mohammad Sami), under the orders of Hon'ble Nigam and Misra, JJ. a complaint under Ss. 471, 466, 193 and 218 of the I.P.C., was filed against Dr. K.N. Gupta. When the complaint came up for hearing before the Magistrate, an objection was raised on behalf of the petitioner, that in view of the recent pronouncement of the Supreme Court in the case of Shabir Hussain v. State of Maharashtra, AIR 1963 SC 816 a complaint for the offences of giving false evidence and fabricating false evidence could be made only in accordance with the provisions of S. 479-A of the Cri. P.C., and since the complaint in the instant case had been filed under S. 476, Cri. P.C., the entire proceedings became null and void, and the Magistrate had no power to proceed with the case. The Magistrate dismissed the objection. Being aggrieved with that order. Dr. K.N. Gupta went up in revision to the Sessions fudge, Lucknow. He also summarily dismissed the revision. Against that order, he filed the present revision in the High Court. The revision came up for hearing before our brot