Ray, J. - (1.) This is an appeal by special leave against the order and judgment dated 9, September, 1968 of the High Court of Rajasthan.
(2.) The question for consideration is whether the Additional Special Judge, Rajasthan, Jaipur could proceed with the trial of Criminal Case No 2/68/Spl Cr. as directed by the order of the High Court. That case was initiated under a sanction accorded by the Central Government under Section 197 of the Code of Criminal Procedure and Section 6 (1) (a) of the Prevention of Corruption Act and the appellants along with four civilians were charged with offenses punishable under Sections 120-B, 161, 165-A, 420, 409 and 467-A of the Indian Penal Code and Section 5 (2) of the Prevention of Corruption Act read with Sections 5 (1) (a) and 5 (1) (d) of the Prevention of Corruption Act.
(3.) The Special Police Establishment, Jaipur Branch on 27 January, 1966 put up before the Special Judge, Jaipur a charge-sheet against the four appellants and four civilians. One of the civilians turned approver. The four appellants thereafter made an application on 13 September, 1966 before the Special Judge that they were Commissioned Officers of the Indian Army and without complying with the provisions of Section 549 of the Code of Criminal Procedure and the Rules thereunder called the "Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules", the Special Judge could not proceed against the appellants in the criminal Court which under the Army Act is described as a civil Court as opposed to Court-martial under the Army Acts. The Special Judge rejected that application on 10 October, 1966 and ordered that the case would be put up for further proceedings on 16 January, 1967. A revision application was thereafter moved in the Rajasthan High Court. The High Court of Rajasthan by order and judgment dated 20 December, 1966 said that the Special Judge would proceed in accordance with the- provisions of Rules 3 and 4 of the Rules framed under Section 549 of the Code of Criminal Procedure.;