109 D, 122 D and 123 D of 1953 arising out of the Judgment and Order dated the 25th May 1953 of the Court of Special Judge,Delhi, in Corruption Case No.
14 of 1954 from the Judgment and Order dated the 27th August 1954 of the High Court of Judicature for the State of Punjab Circuit Bench, Delhi in Criminal Miscellaneous No.
12,13 and 14 of 1953.
19 to 25 of 1953 before the Special Judge, Delhi.
Appeals Nos.
The Judgment of the Court was delivered by JAGANNADHADAS J. These are appeals by special leave against the orders of the Punjab High Court made in exercise of revisional jurisdiction, reversing the orders of the Special Judge, Delhi, quashing certain criminal proceedings pending before himself against these appellants for alleged offences under the Penal Code and the Prevention of Corruption Act, 1947.
1151 Appeal by Special Leave from the Judgment and Order dated the 24th August 1953 of the High Court of Judicature for the State of Punjab Circuit Bench, Delhi in Criminal Revision Nos.
The charge sheets in all these cases were filed by such officers in August and November, 1951, i.e. subsequent to.
95 to 97 and 106 of 1954.
Under section 5 4 of the Prevention of Corruption Act, 1947, a police officer below the rank of a Deputy Superintendent of Police shall number investigate any offence punishable under sub section 2 of section 5 without the order of a Magistrate of the First Class.
December 14.
This is an appeal by special leave against a companymon order of the High Court of Punjab relating to Cases Nos.
The cases against these appellants are that they along with some others entered into criminal companyspiracies to obtain for themselves or for others iron and steel materials in the name of certain bogus firms and that they actually obtained quota certificates, on the strength of which some of the members of the companyspiracy took delivery of quantities of iron and steel from the stock holders of these articles.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
Application was then made to the Magistrate by Balbir Singh for sanction being accorded to him under section 5 4 of the Act and the same was given on 20 3 1951.
In Appeal No.
131 D of 1954.
The charge sheet was filed by Balbir Singh on 15 11 1951.
95, 96 and 97 arise respectively out of them.
In respect of such of these accused as are public servants, there are also charges under section 5 2 of the Prevention of Corruption Act, 1947.
The Special Judge quashed the proceedings on the ground that the investigations on the basis of which the appellants were being prosecuted were in companytravention of the provisions of sub section 4 of section 5 of the Prevention of Corruption Act, 1947, and hence illegal.
95 of 1954 the appellants are two persons by name N. Risbud and Indar Singh.
The appellant Risbud was the Assistant Development Officer Steel in the office of the Directorate General, Ministry of Industry and Supply, Government of India and the appellant Indar Singh was the Assistant Project Section Officer Steel in the office of the Direc 1152 torate General, Ministry of Industry and Supply, Government of India.
He admits that all the investi gation by him excepting the filing of charge sheet was prior to the obtaining the sanction of the Magistrate for investigation.
There appear to be a number of prosecutions pending against them before the Special Judge, Delhi, appointed under the Criminal Law Amendment Act.,
96 and 97 of 1954 H.N. Risbud above mentioned is the sole appellant.
K. Daphtary, Solicitor General of India G. N. Joshi, A. Mehta and P. G. Gokhale, with him , for the respondent.
The first information reports in these cases were laid in April and June, 1949, but permission of the Magistrate, for investigation as against the public servants companycerned, by a police officer of a rank lower than a Deputy Superintendent of Police, was given in March and April, 1951.
In Appeals No.
The charges, therefore, under which the various accused, including the appellants, are being prosecuted are under section 120 B of the Indian Penal Code, section 420 of the Indian Penal Code and section 7 of the Essential Supplies Temporary Powers Act, 1946.
J. Umrigar and Rajinder Narain, for appellant No.
