YASHODA NANDAN, J. - This case has come up before us on a reference made by a learned single Judge of this Court because in his opinion there is a conflict between the decisions of two learned single Judges of this Court on the question of law arising for consideration.

2. The relevant facts giving rise to this reference are that Raghuraj Singh was wanted in connection with a cognizable offence alleged to have been committed in Mohalla Akbarabad, Casba and Police Station Sehawan, District Budaun. The offence is alleged to have been committed on the 10th May, 1966. In August, 1966, Raghuraj Singh was arrested in district Bulandshahr and was produced before the Additional District Magistrate (J), Bulandshahr, under S.167(1), Criminal P.C. It appears that a report was made that the prosecution intended to put up Raghuraj Singh for identification at a test identification parade. The learned Additional District Magistrate (J), Bulandshahr passed an order under S.167(2), Criminal P.C. authorising the further detention of Raghuraj Singh. Raghuraj Singh then filed an application before the Additional District Magistrate, Bulandshahr, stating that he had an apprehension that if he wa