Judgment

RAY, J.

( 1 ) THIS is an appeal by special leave against the order and judgment dated 9/09/1968 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 27/01/1966 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 13/09/1966 before the Special Judge that they were Commissioned Officers of the Indian Army and without complying with