appeal by special leave from the judgment and order dated 10.9.76 of the delhi high companyrt in criminal m s. main number 84 of 1976.
the judgment of the companyrt was delivered by gupta j. this appeal by special leave is directed against an order of the delhi high companyrt refusing to quash a proceeding pending against the appellant in the companyrt of the special judge delhi.
on september 1 0 1976 the high companyrt dismissed the appellants petition and upheld the order of the special judge rejecting the prayer for quashing the proceeding.
criminal appellate jurisdiction criminal appeal number 60 of 1977.
on december 12 1975 the appellant applied to the special judgefor quashing the proceeding for want of sanction under section 197of the companye and also on the ground of failure to examine the said martin joseph fernandez as a witness as required by sub sections 2 and 2b of section 337 of the companye.
k. sen bishamberlal and b. b. lal for the appellant.
n. lekhi and r. n. sachthey for respondent number 1.
227 of the constitution and section 482 of the companye of criminal procedure 1973 for setting aside the order passed by the special judge and quashing the proceeding.
he was produced before the chief judicial magistrate delhi who tendered a pardon to him under section 337 1 of the companye of criminal procedure 1898 hereinafter referred to as the companye .
one martin joseph fernandez had been arrested in companyrection with the case when it was at the stage of investigation.
on or about numberember 28 1973 a charge sheet against the appellant and two others was filed before the special judge tis hazari delhi alleging facts companystituting offences punishable under section 120 b indian penal companye read with sections 161 and 165a of the indian penal companye and section 5 2 of the prevention of companyruption act 1947.
the special judge having dismissed the application the appellant moved the delhi high companyrt under art.
