Dwivedi, J. - (1.) The respondent, Lt. Col. S. K. Loraiya, is in the Army Service. In November-December, 1962, he was posted as Commander, 625, air Field Engineers, Tejpur. He was charged under S. 120B, Indian Panal Code read with S. 5 (1) (c) and (d) and S. 5(2) of the Prevention of Corruption Act and under Ss. 467 and 471, I.P.C. by the Special Judge, Gauhati, appointed under the Prevention of Corruption Act, in respect of the offence alleged to have been committed by him in November-December, 1962, as Commander, 625, Airi Field Engineers, Tejpur.
(2.) The trial started on June 7, 1966, but the charges were framed against him by the Special Judge on January 7, 1967. The respondent filed a revision against the framing of the charges in the High Court of Assam and Nagaland. The High Court allowed the revision and quashed the charges. Hence this appeal by the Delhi Special Police Establishment, New Delhi, by special leave under Art. 136 of the Constitution.
(3.) The High Court quashed the charges for two reasons:(1) The charges were framed by the Special Judge without following the procedure specified in the Rules made under S. 549 Cr. P. C., and (2) the trial was held in the absence of a sanction by the appropriate authority under S. 196 A (2) of the Code of Criminal Procedure in respect of the offences under S. 5 of the Prevention of Corruption Act. The High Court took the view that such sanction was essential as the offence under S. 5 of the Prevention of Corruption Act is a non-cognizable offence.;