After the Special Judge, Manipur, Shri O. Thambal Singh, had taken cognizance of the case under Sections 161 and 163 of the Indian Penal Code and Section 5(2) of the Prevention of Corruption Act, 1947, hereinafter called the Act, against H. Harideva Sarma, Satistical Officer, Government of Manipur, he directed, by his order dated 21st February, 1970, passed at the instance of the accused, that the Deputy Superintendent of Police or some other competent Police Officer should reinvestigate the case "from the initial stage of investigation", and that until "the submission of the charge-sheet or final report" the case shall be kept pending on his file. The State having felt aggrieved with the said directions of the Special Judge has come up in revision to this Court.

2. To appreciate the legal point in controversy between the parties the facts leading to the prosecution of Harideva Sarma may briefly be set out. At 10.15 a.m. on 2-1-1969 one Ph. Mulachandra Singh of Andro village made a report to Inspector M. Ibopishak Singh, Officer in charge of the Police Station, Imphal, that he would shortly pay Rs. 200/- to the accused as illegal gratification for the latter having given him