Judgment

Kania, C.J.I..- This is an appeal by special leave against an order of the Allahabad H. C, dismissing the revn. petn. of the applt. against the order of the Special Mag. refusing to quash the proceedings on the ground that the prosecution of the applt. inter alia u/Ss.161 &165, I. P. C. was illegal & without jurisdiction in the absence of the sanction of the Govt. u/S. 197, Cr. P. C. k s. 6, Prevention of Corruption Act (II [2] of 1947), hereafter refd. to as the Act. The material facts are these. In 1947 the applt, held the office of Regional Deputy Iron & Steel Controller, Kanpur Circle, U. P. & was a public servant. The police having suspected the applt. to be guilty of the offences mentioned above applied to the Deputy Mag., Kanpur, for a warrant of his arrest on 22-10-1947 & the warrant was issued on the next day. The applt. was arrested on 27-10-1947 but was granted bail. On 26-11-1947 the Dist. Mag. cancelled his bail as the Mag, considered that the sureties were not proper. On 1-12-1947 the Govt. appointed a Sp. Mag, to try offences under the Act & on 1-12-1947 the applt. was produced before the Sp. Mag. & was granted bail. The police continued their investigation.