RAKESH KUMAR JAIN Vs. STATE

JUDGEMENT

(1.) The Revisionist, Rakesh Kumar Jain is facing prosecution for contravention of the provisions of Sections 5(2) and 5(3) of Official Secrets Act, 1923 in Criminal Case No. 317/94, Union of India through Deputy Superintendent of Police, C.B.I., Special Police Establishment v. Rakesh Kumar Jain, Joint Managing Director of M/s. Jain Sudh Vanaspathi Limited. He moved an application under Section 245(2) of the Code of Criminal Procedure (hereinafter called the Code) before the Trial Court for his discharge from the case on two grounds, namely, that the order of his prosecution had not been passed by a proper authority and that cognizance could not have been taken as the complaint was barred by limitation. By the impugned order dated 17.3.1995 passed by Shri A.K. Garg, Additional Chief Metropolitan Magistrate the aforesaid application has been dismissed. Hence this criminal revision.

(2.) Heard learned Counsel for the revisionist and the respondent. It was urged on behalf of the respondent that he ought to have been discharged on the following two grounds, namely; (1) that the complaint against the revisionist was filed beyond the period of limitation prescribed in Section 468(2)(c) of the Code of Criminal Procedure, and (2) that the order to file the complaint ought to have been given by Government of National Capital Territory of Delhi i.e. the Lt. Governor of Delhi and, therefore, the order actually given by the Central Government in the name of the President of India was invalid.

(3.) Thus it is to be seen that the pleas taken here for discharge of the revisionist from prosecution are the same which were before the Trial Court.