ABDUL RASHID Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Here the learned counsel Shri Khan for the petitioner and Shri Patel and Shri Bhati for the Respondent State.

(2.) This revision petition is directed against the order dated 28-6-1997 passed by the learned Chief Judicial Magistrate in criminal case No. ..../97. By the impugned order learned Magistrate held that the petitioner was not competent to file complaint under S.13(3) of the Official Secret's Act, 1923 (for short the Act) and dismissed the complaint on the ground that no sanction was obtained under S.13(3) of the Act for the offences punishable under S.124-A and 153-A, I.P.C. by the complainant.

(3.) Learned counsel Shri Khan vehemently submitted that any party in person can put the criminal law into motion and at least his FIR could not have been dismissed as the learned Magistrate has not yet taken cognizance of the case. He also submitte3d that having sent the matter for investigation under S.156(3), Cr.P.C. for investigation to the police subsequently he should not have revived his own order and dismissed the complaint. As against the learned Public Prosecutor Shri Patel and Shri Bhati submitted that Section 13(3) of the Act clearly provides that sanction was very much necessary, therefore, learned Magistrate would not have taken cognizance, and the learned Magistrate has rightly dismissed the complaint.