( 1 ) THIS is a petition for setting aside the order dated 30. 9. 1985 and for quashing charge dated 16. 10. 85 framed under Sec. 120-B Indian Penal Code read with Sec. 420 Indian Penal Code passed by Metropolitan Magistrate, New Delhi.

( 2 ) MR. MATHUR, learned Senior Counsel for the petitioner at the outset has contended that R. C. 34/83 DLI on the basis of which FIR was filed was under Sec. 120- B Indian Penal Code read with Sec. 5 (2) read with Sec. 5 (1) (d) of the Prevention of Corruption Act (hereinafter referred as the Act) and no investigation was conducted by the respondent under Sec. 420 Indian Penal Code. Mr. Mathur has contended that if the FIR was under the provisions of Prevention of Corruption Act the forum for such trial is before a Special Judge appointed under the Act and prosecution cannot camouflage by choosing not to file and pursue the complaint under the provisions of the Act and file the same under Sec. 420 Indian Penal Code. In support of his arguments he has cited Basir-ul-Haq and others Vs. The State of West Bengal AIR 1953 SC 293 which reads as under:-

"though, in our judgment, S. 195 does not bar the trial of an accused person for a distinc