Judgement

RAY, J.: - This is an appeal by special leave against the order and judgment dated 9, September, 1968 of the High Court of Rajasthan.

2. The question for consideration is whether the Additional Special Judge, Rajasthan, Jaipur could proceed with the trial of Criminal Case No 2/68/Spl Cr. as directed by the order of the High Court. That case was initiated under a sanction accorded by the Central Government under Section 197 of the Code of Criminal Procedure and Section 6 (1) (a) of the Prevention of Corruption Act and the appellants along with four civilians were charged with offenses punishable under Sections 120-B, 161, 165-A, 420, 409 and 467-A of the Indian Penal Code and Section 5 (2) of the Prevention of Corruption Act read with Sections 5 (1) (a) and 5 (1) (d) of the Prevention of Corruption Act.

3. The Special Police Establishment, Jaipur Branch on 27 January, 1966 put up before the Special Judge, Jaipur a charge-sheet against the four appellants and four civilians. One of the civilians turned approver. The four appellants thereafter made an application on 13 September, 1966 before the Special Judge that they were Commissioned Officers of the Indian Army and without