FRANK DALTON LARKINS Vs. STATE

JUDGEMENT

(1.) The facts giving rise to the above mentioned revision petitions succinctly are that four persons Maj. Gen. (Retd.) F.D. Larkins (petitioner in Cr. R. 78/84), his brother Air Vice-Marshal (Retd.) K.H. Larkins, Lt. Col. (Retd.) Jasbir Singh (petitioner in Cr. Revision No.90/84) and Jaspal Singh Gill alias Jassi Gill have been committed by Additional Chief Metropolitan Magistrate, New Delhi, vide order dt. 16th Aprl. 1984 to stand trial on charges under Ss.3, 5, 6 and 9 of the Official Secrets Act. 1923 (for short the Act) read with S.120-B of the IPC on the ground that the offences are exclusively triable by the Court of Session. Earlier cognizance was taken by the learned Additional Chief Metropolitan Magistrate on 4th February 1984 on a charge-sheet being presented by the police who had investigated into the case and the complaint instituted by the Deputy Commissioner of Police, Special Branch, Delhi which was attached to the police report. The petitioners have called in question the legality and validity of the cognizance of the offences taken by the learned Additional Chief Metropolitan Magistrate as also the order of commitment, mentioned above, on various grounds.

(2.) On the basis of a complaint lodged by Air Vice-Marshal S. Raghavandran, Air Headquarters, New Delhi, on 9th November 1983 alleging that Air Vice-Marshal (Retd.) K.H. Larkins had committed an offence of espionage during the period 21st March 1983 to 5th April 1983, a case under Ss.3, 5 and 9 of the Act was registered at Police Station Tughlak Road on 10th November 1983. The investigation of the case was conducted by Shri R.S. Khurana. Inspector, Special Staff, under the supervision of the Deputy Commissioner of Police, Special Branch-II, New Delhi. On completion of investigation, a police report under S.173 of the Cri PC (for short the Code) which was accompanied by a complaint signed by the Deputy Commissioner of Police, Special Branch, Delhi, was filed in court and cognizance of the offence was taken by the learned Additional Chief Metropolitan Magistrate who made the following order :

(3.) Consequently, as stated above, the accused were committed to the Court of Session for trial vide order dt. 16th April 1984.