SHINDE, J.

This revision has been referred to a Division Bench under S. 29, Madhya Bharat High Court of Judicature Act by a Single Bench. The facts out of which this revision arises are briefly as follows :

2. On 5-2-1955 an offence under S. 161, I. P. C. and S. 5(2) read with S. 5(1)(b), Prevention of Corruption Act was registered. On 7-2-1955. the Deputy Superintendent of Police gave a direction to Inspector Saksena and Mr. Saksena applied to Additional District Magistrate, Indore for permission to investigate the case and arrest the accused. The permission was granted by Mr. Acharya and the investigation was conducted by Inspector Saksena.

On 15-6-1955 sanction was obtained under S. 6(c) of the Prevention of Corruption Act and on 24-6-1955 a charge-sheet was submitted. On 2-8-1955 the accused sought an adjournment which was granted. On 18-8-1955 an application was moved on behalf of the accused to the effect that the Deputy Superintendent of Police was the competent officer to investigate and that non-compliance with the mandatory provisions violated the Prevention of Corruption Act.

It was prayed that Dy. S. P. be examined to find out why he could not conduct the investi