Honble SHETHNA, J.–Heard the learned counsel Shri Khan for the petitioner and Shri Patel and Shri Bhati for the Respondent State.

(2). This revision petition is directed against the order dated 28/6/1997 passed by the learned Chief Judicial Magistrate in criminal case no. _____/97. By the impugned order learned Magistrate held that the petitioner was not competent to file complaint under Section 13(3) of the Official Secrets Act, 1923 (for short the Act) and dismiss the complaint on the ground that no sanction was obtained under Section 13(3) of the Act for the offences punishable under Section 124-A and 153-A IPC by the complainant.

(3). Learned counsel Shri Khan vehemently submitted that any party in person can put the criminal law into motion and atleast his FIR could not have been dismissed as the learned Magistrate has not yet taken cognizance of the case. He also submitted that having sent the matter for investigation under Section 156(3) Cr.P.C. for investigation to the police subsequently be should not have reviewed his own order and dismiss the complaint. As against that learned Public Prosecutor Shri Patel and Shri Bhati submitted that Section 13(3) of the Act clearly provi

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