Judgment

SUBBA RAO J.: This is an appeal by special leave against the judgment of the High Court of Madhya Pradesh at Jabalpur directing the Special Judge, Indore, to order the Deputy Superintendent of Police to carry on the investigation afresh. The facts are simple.

2. One Shri Mohinder Nath Bhalla was the manager of Daisy Sewing Machine Co. Ltd., Bhopal. On January 11, 1955, between 12 and 1 p.m., he contacted the Sub-Inspector of Police, Special Police Establishment, Gwalior, and gave him the following information: The Company had opened their stall in the Gwalior Mela and he (Shri Bhalla) had to book empty wooden cases of machine and machine parts from Golakmandir railway station, which was near the Gwalior Mela, to New Delhi. When he went to the station to enquire for booking the said cases; the Station Master demanded annas ten for each case as illegal gratification, but he did not agree to it. Subsequently, the Assistant Station Master agreed to accept annas eight for each case and asked him to bring the wooden cases between 2 and 4 p.m. on the same day i.e., January 11, 1955. On this allegation he requested the police to take action "to stop the said sort of corruption". The