JUDGMENT

R.M. Sahai, J. - The principal question of law, and, an important one, that arises for consideration in Appeal No. 276 of 1993 [arising out of S.L.P. (Crl.) No. 986 of 1992] which shall reflect on Appeal No. 277 of 1993 [arising out of S.L.P. (Crl.) No. 987 of 1992], as well, filed by the State of Maharashtra against the judgment and order of the Bombay High Court, affirming the order of the Trial Judge discharging the accused, is if the absence of sanction, by the appropriate authority, under section 197 Criminal Procedure Code (in short the Code) for prosecuting a retired public servant, vitiates the proceedings.

2. Although facts are brief and simple too, but the High Court, unfortunately, instead of confining itself to the legality of discharge, either for Jack of the sanction under section 197 of the Code or for the improper authorisation under the Official Secrets Act 1923 (in brief the O.S. Act) and Atomic Energy Act 1962 (referred to as A.E. Act) the two statues for violation of which the accused was charged, was led away to record findings as if the accused was deliberately subjected to undue harassment by the State aided by the alleged unreasonable attitude of the