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1975 Supreme(Raj) 63

SHARMA
State of Rajasthan – Appellant
Versus
Moti Singh – Respondent


Advocates Appeared:
S.K. Tiwari, for state of Rajasthan; P.N. Datt, for Respondents

SHARMA, J.—These four criminal revision-petitions Nos. 314 of 1973, 319 of 1973, 320 of 1973 and 322 of 1973, are taken up for hearing and decision together as a common question of law is involved in all of them and are disposed of by one judgment.

2. All these applications in revision arise out of separate trials being held in each case in the Court of the Sessions Judge, Jaipur City, Jaipur. The trials are in respect of offences punishable under the Official Secrets Act, 1923, hereinafter referred to as the Act. It appears that in each of the 4 cases cognizance was taken on complaints which were made after police investigation under Chapter XIV of the old Code of Criminal Procedure. After investigations no charge-sheets under sec. 173, Cr. P. C were filed, because the condition required to take cognizance of an offence under the Act is that there must be a complaint made by order of, or under authority from the appropriate Government, or some officer empowered by such Government, in this behalf.

3. The accused in all these four cases claimed copies of documents referred to in sec. 173, Cr P. C. as of right and the Sessions Judge trying the cases directed the prosecution to furnish













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