Short Note : The appellant Wajid Mohammad had been convicted under section 165A of the Indian Penal Code and sentenced to one year's rigorous imprisonment for attempting to bribe Shri S.A. Naqvi at Waraseoni on 25-4-1973 when the latter was posted there as a Civil Judge Class II. Held: The contention of the appellant is that the sanction Ex. P-7 accorded by P.W.7 Shri V.K. Choudhary was invalid because it was given by a person who was himself a witness of the offence. Admittedly, Shri Choudhary (PW2) had witnessed the offence and was examined as a witness to support the version of P.W.1 Shri S.A Naqvi. The question is whether for this reason alone Shri Choudhary (P.W.2) ceased to be a Magistrate for the purpose of section 5-A of the Prevention of Corruption Act and was, therefore, incompetent to permit Investigation of the case by a police officer below the rank of a Deputy Superintendent of Police. This sanction was accorded by Shri Choudhary in accordance with section 5-A (c) of the Prevention of Corruption Act which lays down that no police officer below the rank of a Deputy Superintendent of Police shall investigate such an offence without the order of a Magistrate First Class, etc. Undoubtedly, Shri Choudhary was such, a Magistrate and was, therefore in terms of the section, competent to permit investigation of the offence by a police officer below the rank of a Deputy Superintendent of Police. The sanction Ex. P-7 was given by him for the reason that a Deputy Superintendent of Police was not posted at Waraseoni and, therefore, the offence had to be investigated by a Sub-Inspector of police since no officer higher to him was then available at Waraseoni. This is all that is done by Shri Chaudhary as a Magistrate of the First class. The giving of such a sanction under section 5-A of the Prevention of Corruption Act cannot be said to be vitiated simply because Shri Choudhary also happened to be a witness in the case It may also be added that no prejudice to the appellant or miscarriage of justice has even been suggested which is a further reason to hold that the sanction given by Shri Choudhary was not invalid. Mehar Singh Hazara Singh v. State of Pepsu, 1955 Pepsu 156, relied on. Appeal dismissed.