Judgment - Bavdekar, J.

1. This is an application for revision of an order passed by the Special Judge, Greater Bombay, that the proceedings, which were before him in regard to an offence under Section 161 of the Penal Code committed by one Vishwa-kant Shrikant Pandit, were void for want of sanction under Section 6 of the Prevention of Corruption Act, 1947.

2. The opponent, who was a public servant at the time when he is alleged to have committed the offence, was no longer in service at the time when the learned Special Judge passed his order, and the learned Special Judge has passed it upon the footing that at the time when cognizance was taken in the present case, the opponent, who has been dismissed from service, was no longer in service. The learned Special Judge held that sanction was necessary under the provisions of Section 6 of the Prevention of Corruption Act, which runs as follows:

"6. (1) No Court shall take cognizance of an offence punishable under Section 161 or Section 165 of the Penal Code or under Sub-section (2) of Section 5 of this Act, alleged to have been committed by a public servant except with the previous sanction,--

(a) in the case of a person who is employe

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