ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) Since a common point of law arises in these revision petitions, I propose to dispose them of by this order.

(2.) Ashok Kumar Nayar petitioner in Cr.R 311/81 is one of the accused in case bearing No. RC 2 of 1972 pending in the court of Shri A.K. Garg Addl CMM, Delhi for offences u/s 120'B/420, 420/466, 467, 468, 466, 47l.and.468/471 of the IPC. Om Parkash Oberoi petitioner in Cr R No. 369/81, Rajinder Pal Bajaj alias Kaka petitioner in Cr.R. No. 371/81 and Rajinder Pal Oberoi petitioner in Cr.R. No. 371/81, are facing trial for similar offences in cases No. 3 and 4 of 1981 pending in the same Court.

(3.) A preliminary objection was taken by the accused against the cognizance of the offences on the ground that as the offences mainly relate to infringement of Foreign Exchange Regulation Act ('the Act'), prior complaint was necessary as envisaged u/s 23 of the Act. In para 7 of the application moved by petitioner Ashok Kumar Nayar, challenge to the cognizance was as follows :