JUDGMENT C.D. Parekh, J. - This reference has been made by the ADM(J) Mathura, by his order dated 25th July, 1970 recommending that the order dated 17th September 1969 passed by Shri K. P. Nigam, Magistrate, 1st Class, be quashed. According to the ADM (J), the magistrate ought to have given his judgment in the case according to law and at the time of the delivery of the judgment and disposing of the case he should have joined a finding under the provisions of S. 479-A Cr.P.C. The A.D.M. (J) is of the view that when in the case the magistrate came to the conclusion that a witness has given false evidence or has fabricated false document he should have given the witness an opportunity of being heard and the magistrate could have made a complaint against him. In the opinion of the ADM(J) nothing of the kind has been done by the magistrate and the case under section 304, I.P.C. has yet to be decided, the order passed by the magistrate is illegal. 2. I agree with the recommendation made and quash the order passed by the magistrate and direct him to proceed with the case under Section 304 I.P.C. and decide the same according to law. He may, however, consider the reasons given by the A.D.M. (J), Mathura, while disposing of the case. The reference is accepted. The order aforesaid passed by the magistrate is set aside.