S AJIT SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an application to revise an order dated November 12, 1970, of the learned Sessions Judge, Jammu charge sheeting the petitioner under Section 5(2) of the Prevention of Corruption Act, 2005, (1949 A.D.), hereinafter referred to as the Act, for fraudulently misappropriating 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: - (1) That the learned Sessions Judge, has over -looked the provisions of section 234 of the Code of Criminal Procedure and has clubbed together more than three offences of the same kind contrary to the provisions of the aforesaid section of the Code. (2) That the learned Sessions Judge has acted illegally in taking cognizance of the offence alleged to have been committed by the petitioner without the previous sanction of the Government as required under section 6 of the Act. (3) That the prosecution of the petitioner is bad as the aforesaid offence alleged to have been committed by the petitioner was investigated by Kartar Singh and Jagdish Singh, Inspectors of Police, without the order of a Magistrate 1st Class as required by Section 5(4) of the Act.

(3.) MR . Amar Chand, appearing on behalf of the respondent has on the other hand, submitted that the prosecution being in respect of 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 the 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.