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2006 Supreme(HP) 86

V.K.GUPTA
SYED KHUSHAHNAD ANWAR NAQVI – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
Vishal Panwar :Petitioner. M. S. Chandel, J. K. Verma:Respondent.

ORDER

1. This is a petition under S. 482 of the Code of Criminal Procedure in which the petitioner has prayed for quashing of the judgment and order dated 30th May, 2003 passed by the learned Chief Judicial Magistrate, Mandi in Special Act Case No. 158-1/2001. 126-II/2002. Vide the aforesaid impugned judgment the learned CJM, Mandi has convicted the petitioner-accused of committing the offences punishable under Ss. 3, 4 and 5 of the Indian Official Secrets Act, 1923 (1923 Act, for short). Even while convicting the petitioner-accused of the aforesaid offences under the 1923 Act, the learned CJM has acquitted the petitioner-accused of the offence under S. 120-B, I.P.C. Vide a separate order dated 31st May, 2003 the learned Court below has passed a sentence of seven years rigorous imprisonment against the petitioner.

2. The case has a very chequered history, indeed unfortunately chequered, and to the total prejudice to the petitioner. The chequered history is so unfortunate that this Court has no doubt in its mind that the petitioner-accused has been dealt with very unfairly, practically at all levels and by every one else.

3. To recount, the complaint against the petitioner-accused was







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