GYANENDRA KUMAR, J. This is an application under S. 476 of the Code of Criminal Procedure by R.P. Kapur, I.C.S., who was previously Commissioner of Ambala Division against Pratap Singh Kairon, former Chief Minister of Punjab.

2. Briefly slated the facts leading to this case are that one Madan Lal Sethi, Advocate of Chandigarh, had lodged a first information report against the applicant and his mother-in-law Kaushalya Devi on the allegations that in the beginning of 1958, it was represented to him by the applicant that his mother-in-law Kaushalya Devi owned a piece of land in village Mohammadpur Munirka situate on the outskirts of Delhi and had a right to sell the same. In pursuance of that representation, Kaushalya Devi executed a sale-deed in favour of the wife of Madan Lal Sethi. The sale consideration of Rs. 20,000 was paid by Sethi by means of two cheques of Rs. 10,000 each. Later on, he found that he had been cheated by R.P. Kapur and/or his mother-in-law Kaushalya Devi, inasmuch as none of them was the owner of the land, which had already been acquired by the Government under the Land Acquisition Act.

In view of the fact that R.P. Kapur was a senior officer of the Gove