JUDGMENT

D.P. Uniyal, J. - This reference has been made by the learned Civil and Sessions Judge, Saharanpur on the ground that the order passed by the Judicial Officer, Saharanpur on April 15, 1963 that a case under Section 193, I.P.C. be registered against Dr. Prameshwarl Sahai Mathur was illegal and liable to be quashed.

2. The facts leading to this reference are some what unusual and may be shortly stated. One Latif instituted a complaint against Dalel Singh and others under Sections 323 and 379 I.P.C. In support of his case Latif filed an injury report prepared by Dr. Parmeshwar Sahai Mathur which described a number of injuries found on the person of Latif. Dalel Singh accused pleaded that no such incident took place and that no injuries were received by Latif. In support of his contention he filed an injury report of one Jaipal Singh, a relation of his, prepared by Dr. Parmes war Sahai Mathur on March 16, 1963. The accused also filed another injury report of the same man of the same date prepared by Dr. S.S. Misra, Civil Surgeon, Saharanpur and countersigned by Dr. B.R. Sabbarwal, Medical Officer Incharge District Hospital, Saharanpur. The Magistrate discharged Dalel Singh and