JUDGMENT - Naik, J.

(1) These applications have been made by original accused Nos. 1 and 2 respectively under section 561-A Criminal Procedure Code for quashing the proceedings that are going before the Special Judge, Greater Bombay. The few facts, that are necessary for deciding the points that were urged o behalf of the applicants, may be set out as follows: Accused No. 2 is the Head master of a municipal school known as the Lower Parel Municipal Hindi School, and accused No. 1 is an Assistant teacher in the same institution. The son of one Rajaram Jadhav had passed the first standard in the said school and in the ordinary course, he would have been promoted to the second standard. It appears that accused Nos. 1 and 2 gave a promiss to Rajaram that accelerated promotion would be granted to his son and instead of promoting him to the second standard, he would be given a jump and promoted to the third standard. For that purpose, they demanded a bribe of RS. 20. Rajaram filed a complaint to the Anticorruption Bureau, Bombay on 10th September, 1958, and his statement was recorded by Police Sub-Inspector Patil and was treated as first information in the case. The same day, Police Sub-Inspector Patil made an application to the Presidency Magistrate, 16th Court, for permission to carry on investigation into the offence. In that application, he had asked for permission being granted to the "undersigned as well as to the officers and men of this Bureau". The learned Magistrate passed a laconic order in the following terms: "Permission granted". Thereafter, Sub-Inspector Patil proceeded to arrange a trap and in that trap, accused No. 1 accepted a bribe of Rs. 20. But, at the same time, be told the investigating officer that he demanded the bribe of and on behalf of accused No. 2. Therefore, a second trap was arranged and in the course of that trap, accused No. 2 accepted a sum of 20. In his house in the presence of accused No. 1. The sanction of the Municipal Commissioner was sought and was obtained on 19th February, 1959. Thereafter, charge-sheet was submitted to the then Special Judge Cosewade under the signature of the Inspector of Police Anticorruption Bureau. Cognizance was taken by Mr. Gosewade and process issued to the accused. The case came up for hearing on 9th August, 1960, and on that day a charge was framed under section 161 and 165 Indian Penal Code against accused No. 1 and under Section 161, Indian Penal Code against accused No.2. Preliminary objection was taken contending that the sanction granted by the Presidency Magistrate, 16th Court was not valid and, therefore, Sub-Inspector Patil had no authority to carry on the investigation. In order to meet this objection, Mr. Mahimtura, the Presidency Magistrate, 16th Court, was called to give evidence. Accordingly on 8th November, 1960, Mahimtura appeared in the witness box but he refused to give evidence claiming privilege under section 121 of the Indian Evidence Act. The learned Judge, therefore, made a reference to the High Court for the issue of a direction to the said Magistrate to give evidence in the case. The reference came up before a Division Bench comprising Chief Justice Chainani and Justice Gokhale. The then Government Pleader suggested that the best course would be to order a fresh investigation by the Superintendent of Police as required by section 5-A of the Prevention of Corruption Act, 1947). Accused Nos. 1 and 2 were, at that stage, represented by Messrs. P.S. Nadkarni and H.R. Pardiwala respectively. The Division Bench accepted the suggestion put orward by he Government Pleader and directed that the case against the accused be reinvestigated by such Superintendent of Police as the Director of Anti-corruption Bureau, Bombay, may appoint in this behalf. In pursuance of the directions given by the High Court, the Special Judge referred the matter for re-investigation. It appears that one Shetye, Superintendent of Police, carried out the investigation afresh.

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