(1.) This is an application to revise an order dated November 12, 1970. of the learned Sessions Judge, Jammu charge sheetting the petitioner under Section 5 (2) of the Prevention of Corruption Act. 2005, (1949 AD,), hereinafter referred to as the Act, for fraudulently mis-appropriating or converting to his own use a sum of Rs. 703.89 entrusted to him in official capacity as Head Master of the Government Central School, Bhadore, Tehsil Jammu, during 1965-66 A,D' for disbursement as relief to the deserving students.
(2.) Appearing in support of the application Mr. Sharma has raised the following three contentions -
(3.) Mr. Amar Chand, appearing on behalf of the respondent, has on the other hand, submitted that the prosecution being in respect of a gross sum, the provisions of section 234 of the Code of Criminal Procedure have not been violated, that the petitioner not being a Public Servant at the time of the initiation of proceedings against him no sanction for his prosecution was required under law and that irregularity, if any, in the investigation conducted by the aforesaid police officers did not affect the competence of the court to try the petitioner.