JUDGMENT

1. A complaint was filed by B.Bhattacharjee, Deputy Secretary, Government of India, Cabinet Secretariat with CBI seeking legal action against the petitioner Major General (retired) V.K. Singh under the provisions of Officials Secrets Act, 1923 on which FIR RC No.5 (S)/2007- SIU.V dated 20th September, 2007 was registered by CBI against the petitioner. The allegations in the FIR against the petitioner are that he revealed secret information by publication of his book titled as "India's External Intelligence- Secrets of Research and Analysis Wing (RAW)". On an application filed by CBI, search warrants were issued by learned Metropolitan Magistrate on 20th September, 2007 permitting CBI officers to conduct search of the premises of the petitioner, whereafter search was conducted and a compliance report was filed on 24th September, 2007. Central Government vide its order dated 7th April, 2008 under Section 13 (3) of the Officials Secrets Act, 1923 authorized Saurabh Tripathi, S.P. (ACU- IX), CBI to file a complaint in this respect in the Court of competent jurisdiction, whereafter on 9th April, 2008, a complaint was filed against the petitioner and Vivek Garg under Section 13