Yashoda Nandan, J. :- This criminal reference has come up before us in the circumstances set out below :

On the 14th September, 1969. P. C. Gupta, Principal of a college at Khurja, forwarded a report against Amar Singh alleging commission by him of an offence under section 380 of the Indian Penal Code. The report was lodged by P. C. Gupta as a result of information furnished to him by M. L. Mittal, Accountant of the college. Consequent on the first information report, a case was registered against Amar Singh at Police Station Khurja, and he was taken into custody by the police. On the 19th September, 1969, Amar Singh was produced before the Judicial Officer, Khurja and on that date the Officer passed an order under section 167 of the Code of Criminal Procedure - hereinafter referred to as the Code - remanding him to custody upto the 2nd October, 1969. On the 20th September, 1969, Amar Singh applied for bail under Section 497 of the Code and was ordered to be released on bail. On the 30th January, 1970 Amar Singh filed a complaint before the learned Judicial Officer. Khurja, accusing P. C. Gupta and M. L. Mittal of offences under Section 211 of the Indian Penal Code. The co