The appellant was arrested on the 27th of October, 1947, but was granted bail.
order from the Magistrate.
On the 6th of December, 1948, sanction was granted by the Provincial Government to prosecute the appel lant inter alia under sections 161 and 165 of of the Indian Penal Code.
On the 31st January, 1949, sanction in the same terms was granted by the Central Government.
1 of 1950 by special leave from an order of the High Court of Allahabad.
In the meantime as a result of an appeal made by the appellant to the High Court of Allahabad the amount of his bail was reduced and on the 25th of March, 1949, the appellant was ordered to be put up before the Magistrate to answer the charge sheet submit ted by the prosecution.
CRIMINAL APPELLATE JURISDICTION Appeal Criminal Appeal No.
The police companytinued their investigation.
The material facts are these.
In 1947 the appellant held the office of Regional Deputy Iron and Steel Controller, Kanpur Circle, U.P., and was a public servant.
On the 26th of November, 1947, the District Magistrate cancelled his bail as the Magistrate companysidered that the sureties were number proper.
L. Banerjee Sri Ram, with him for the respondent.
P. Asthana, and N.C. Chatterjee K.B. Asthana, with them for the appellant.
On the 1st of December, 1947, the Government appointed a Special Magis trate to try offences under the Act and on the 1st December, 1947, the appellant was produced before the Special Magis trate and was granted bail.
Act II of 1947 , hereafter referred to as the Act.
March 19.
The police having suspected the appellant to be guilty of the offences mentioned above applied to the Deputy Magistrate, Kanpur, for a warrant of his arrest on the 22nd of October, 1947, and the warrant was issued on the next day.
The judgment of the Court was deliv ered by KANIA C.J. This is an appeal by special leave against an order of the Allahabad High Court dismissing the revision petition of the appellant against the order of the Special Magistrate refusing to quash the proceedings on the ground that the prosecution of the appellant inter alia under sections 161 and 165 of the Indian Penal Code was illegal and without jurisdiction in the absence of the sanction of the Government under section 107 of the Criminal Procedure Code and section 6 of the Prevention of Corruption.
