Judgment

NATARAJAN, J. - This appeal by certificate granted under Article 134(1)(c) of the Constitution is directed against the judgment of a Full Bench of the High Court of Punjab and Haryana in Raj Kumar, A.S.I. v. The State of Punjab 1976 Chand LR (Cri) 39 allowing a petition under Section 561-A of the Code of Criminal Procedure 1898 filed by the respondent. The objective in filing the appeal, it was conceded by Mr. R. S. Sodhi, learned counsel for the State is the determination of a larger issue transcending the narrow confines of the quashing of the criminal proceedings against the respondent viz. the construction of Rule 16.38 of the Punjab Police Rules and its applicability to criminal prosecutions launched against the members of the Punjab Police Service for offences under the Indian Penal Code and other Acts.

2. The controversy regarding the ambit of Rule 16.38 of the Punjab Police Rules has arisen in the following circumstances. One Jamuna Devi Mukhtiar Kaur gave a report against the respondent, who was an Assistant Sub Inspector in the Punjab Police Service, to the Deputy Superintendent of Police, Patiala alleging demand of illegal gratification of Rs. 200/- by him for rel