Judgement

S. K. DAS, J.- These two petitions for the issue of appropriate writs restraining the respondents from prosecuting and trying the two petitioners on certain criminal charges in circumstances to be presently stated, raise the same question of law and have been heard together. This judgment will govern them both.

2. Baij Nath Prasad Tripathi, petitioner in petition No. 115 of 1956, was a Sub-Inspector of Police in the then State of Bhopal. He was prosecuted in the Court of Shri B.K. Puranik Special Judge, Bhopal, and convicted of offences under S. 161, Indian Penal Code, and S.5 of the Prevention of Corruption Act, 1947. He was sentenced to nine months rigorous imprisonment on each count. He preferred an appeal against the conviction and sentences to the Judicial Commissioner of Bhopal. The Judicial Commissioner held by his judgment dated 7th March 1956, that no sanction according to law had been given for the prosecution of the petitioner and the Special Judge had no jurisdiction to take cognizance of the case; the trial was accordingly ab initio invalid and liable to be quashed. He accordingly set aside the conviction and quashed the entire proceedings before the Special