Judgment

SETHI, J.- The criminal complaint under Section 5(4) read with Sections 5(2) and (3) of the Official Secrets Act, 1923 (hereinafter called "the Act") was filed against the etitioner in the Court of Chief Metropolitan Magistrate, Delhi by t he Union of India through Deputy Superintendent of Police, Central Bureau of Investigation, SPE, Anti-Corruption Unit, New Delhi. The petitioner filed an application under Section 245 of the Code of Criminal Procedure in the trial court for being discharged on the grounds that the order of the prosecution had not been passed by an appropriate authority and that the cognizance could not have been taken as according to him the complaint was barred by limitation. The Magistrate rejected the application by his order dated 17-3-1995 and the revision filed in the High Court was dismissed vide the order impugned in this appeal. Relying on the provisions of Section 13(3) of the Act, the trial Magistrate as well as the High Court held that Section 13(3) of the Act provided the taking of previous consent or sanction of the appropriate Government and the time required for obtaining such consent or sanction was to be excluded in terms of Section