R S DIWAKAR VAKIL Vs. STATE

JUDGEMENT

(1.) This revision application is directed against an order of the learned Sessions Judge of Rampur interfering with an order of commitment. The matter has arisen under the following circumstances.

(2.) R. S. Diwakar and Smt. Prem Kumari Diwakar are being prosecuted under the Indian Official Secrets Act. The case was before a Magistrate. An application for the transfer of the case was moved before the High Court. I dismissed the application for transfer, but remarked that the accused might insist on a trial by the Sessions Court as provided under Section 13 of the Official Secrets Act.

(3.) When the case went back to the Magistrate after the dismissal of the transfer application, the accused exercised the option given by Sub-section (2) of Section 13 of the Indian Official Secrets Act. The Court was informed that the accused would prefer to have the case tried by the Court of Session. On receiving this application the learned Magistrate passed an order on 20-12-1956, committing the two accused to the Court of Session for trial.