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 another accused on March 19, 1963 holding that there was not sufficient ground for proceeding against the accused. However, the matter did not end there. 3. On the same day, the Magistrate Sri J.P. Kaushik summoned Dr. Parmeshwari Mathur, Dr. S.S. Misra, Dr. B.R. Sabbarwal and Jaipal Singh and recorded their statements in respect of the injuries of Jaipal Singh. He was of the opinion that the injury report prepared by Dr. Parmeshwar Sahai Mathur in respect of Latif did not appear to be correct, and ordered that a case under Section 193 I.P.C. be registered against Dr. Parmeshwar Sahai Mathur. 4. The procedure adopted by Sri J. P. Kaushik, Magistrate, in this case was wholly unwarranted and against the principles of fair play and justice. In the complaint case filed by Latif no attempt was made to examine either Dr. Mathur or Dr. Misra to probe the injury report of Jaipal Singh and no question was put to Dr. Parmeshwar Sahai Mathur in respect of the alleged false injury of Jaipal Singh. After the complaint of Latif had been dismissed the Magistrate summoned Dr. P.S. Mathur and Drs. Mathur or Dr. Misra to probe the injury report of Jaipal Singh and no question was put to Dr. Parmeshwar Sahai Mathur in respect of the alleged false injury of Jaipal Singh. After the complaint of Latif had been dismissed the Magistrate summoned Dr. P.S. Mathur and Drs. Misra and Sabbarwal as also Jaipal Singh, on his own initiative a proceeding which could not by any standards, be regarded as judicial. 5. Before action can be taken against a person for fabricating false evidence it must be shown that he intended to use it in a judicial proceeding. Dr. Parmeshwar Sahai Mathur had not filed the injury report of Jaipal Singh nor had he intended to use it in any judicial proceeding, before a court of law. The complaint case of Latif had nothing to do with the said injury report and it was not evidence in that case. It is surprising that the Magistrate should have arrogated to himself the functions of a self styled ombudsman and acted in this irresponsible manner. His action was, to say the least, arbitrary and officious, and without jurisdiction. The order passed by him deserves to be set aside as being illegal. 6. I accordingly accept the reference and quash the order of the Magistrate dated April 15, 1963.