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1991 Supreme(Bom) 489

M.F.SALDANHA
State of Maharashtra – Appellant
Versus
Dr. B. K. Subbarao and another – Respondent


Advocates appeared:
P. R. Vakil, Senior Counsel with Mrs. Manjula Rao, Special Public Prosecutor, for the State; Dr. B. K. Subbarao, the Respon­dent in person; Mrs. Usha Purohit, for Intervener.

Judgement

ORDER :- This petition/criminal revi­sion application, presented by the State of Maharashtra, is directed against a judgment and order of the learned Additional Sessions Judge, Greater Bombay, dated 26-4-1991. Through this petition, the State of Maha­rashtra has assailed the correctness of the order of the learned Additional Sessions Judge whereby the respondent, whom I shall refer to as "the Accused", has been discharged of certain offences punishable under the Official Secrets Act, 1923 and the Atomic Energy Act, 1962 a few facts that are relevant for the decision of this criminal revision application are alone being recounted by me. I need to prefix this judgment with the obser­vations that this particular litigation has been preceded by a score of petitions addressed to the different Courts before which the prose­cution was pending, to the High Court and, on more than one occasion, to the Supreme Court. The matter has been vigorously con­tested and it has been the contention of the Accused that the reason for this contest is because the Prosecution was motivated and that the viciousness with which the proceedings continued right up to the present stage was because of a


































































































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