A K JAJODIA Vs. STATE

JUDGEMENT

(1.) THIS order shall dispose of the aforesaid petition filed under Section 397/401 of the Code of Criminal Procedure challenging the correctness legality and propriety of the order dated 16.11.2007 passed by the learned Special Judge CBI Delhi dismissing the application filed by the petitioner (one of the accused) with a prayer to remand the Sessions case No. 5/2006 titled CBI through Chanda Rani Vs. K.K. Jajodia and Ors.), arising out of a Complainant under Section 3/5 of the Official Secrets Act (hereinafter referred to as O.S. Act) read with Section 120B IPC, to the Chief Metropolitan Magistrate for complying with the provisions of proviso to Sub Section (2) of Section 202 and Section 208 of the Cr.P.C before committing the case to the sessions.

(2.) BRIEFLY stating the facts giving rise to the filing of the present petition are:

(3.) THE writ petition of Dr. N W Nerurkar came up for hearing before a Division Bench of this Court subsequent to the order of remand by the Apex Court, which was disposed off as under: