STATE OF UTTAR PRADESH Vs. BHAGWANT KISHORE JOSHI

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High Court of Judicature, at Allahabad, Lucknow Bench, Lucknow, setting aside that of the Special Judge (West), Lucknow, who convicted the accused-respondent and sentenced him to one year's rigorous imprisonment under S. 5 (2) of the Prevention of Corruption Act (No. II of 1947), hereinafter called the Act.

(2.) The case of the prosecution may be briefly stated : The respondent was a booking clerk at Sharanpur in the year 1955-56. Between October 22, 1955 and May 26, 1956 he committed criminal breach of trust in respect of Rs. 49/1/0. On the said allegations the accused was sent up for trial before the Special judge for offences under S. 5 (1) (c), read with S. 5 (2), of the Act. Before the Special Judge the prosecution filed a number of documents numbering upto 124 and examined 20 witness.

(3.) The only question that was argued before us is whether the High Court was right in acquitting the accused on the ground that the investigation made by Sub-Inspector Mathur before he obtained the permission of the Magistrate vitiated the entire trial.