MUSTAK ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed this bail application under Section 439 of Cr.P.C.

(2.) F.I.R. No.02/2020 was registered at Police Station Special Police Station, District CID Sureksha, for offences under Sections 3 and 9 of Official Secrets Act.

(3.) It is contended by counsel for the petitioner that as per Sub- Section 3 of Section 13 of Official Secrets Act, no sanction has been obtained. Charge-sheet has been filed without obtaining the sanction. Court is not competent to take cognizance unless sanction is obtained. It is also contended that none of the photographs and site plans were received from the mobile of the petitioner that are of restricted sites. It is further contended that petitioner is not having any criminal antecedents. A false case has been registered against the petitioner.