Judgment

GUPTA, J.:- This appeal by special leave is directed against an order of the Delhi High Court refusing to quash a proceeding pending against the appellant in the Court of the Special Judge, Delhi.

2. On or about November 28, 1973 a charge-sheet against the appellant and two others was filed before the Special Judge, Tis Hazari, Delhi, alleging facts constituting offences punishable under S. 120-B Indian Penal Code read with Ss. 161 and 165-A of the Indian Penal Code and S. 5 (2) of the Prevention of Corruption Act, 1947. One Martin Joseph Fernandez had been arrested in connection with the case when it was at the stage of investigation. He was produced before the Chief Judicial Magistrate, Delhi, who tendered a pardon to him under S. 337 (1) of the Code of Criminal Procedure, 1898 (hereinafter referred to as the Code). On December 12, 1975 the appellant applied to the Special Judge for quashing the proceeding for want of sanction under Section 197 of the Code and also on the ground of failure to examine the said Martin Joseph Fernandez as a witness as required by sub-sections (2) and (2-B) of S. 337 of the Code. The Special Judge having dismissed the application, the appellan