( 1 ) THIS petition has been brought under the Section 482 of the Code of Criminal Procedure for quashing the order dated April 8, 1988 passed Shri R. L. Chugh, Chief Metropolitan Magistrate, by which he bad issued a proclamation under Section 82 of the Code of Criminal Procedure requiring the appearance of the petitioner as an accused in case R. C, 1 of 1988, on the 24th May 1988.

( 2 ) THE facts in brief are that the case has been registered by the C. B. I, under Sections 3 and 5 of the Official Secrets Act, 1923 read with Section 120-B of the Indian Penal Code against the petitioner and one Lt. Gen. (Retd) Nirmal Puri. According to the C. B. I, this petitioner was required to appear before the Investigating Officer on 2nd March, 1988 vide notice dated 23rd February 1988. But the petitioner who is in foreign country could not be served and an official of the company of which the petitioner is the Chairman had informed that the petitioner would be apprised about this on his return to India. Another notice was issued for appearance of the petitioner before the Investigating Officer. Again the same cod not be served as the petitioner was out of India and a letter was rece