THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 14802 OF 2024

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of the proceedings in C.C.No.2437 of 2022 on the file of the XII Additional Chief Metropolitan Magistrate, Hyderabad against the petitioners.

2. The petitioners are arraigned as accused Nos.1 and 2 in C.C.No.2437 of 2022 charged for the offences punishable under Sections 3(1)( c ), 5(1) (a), 2 & 15 of Official Secrets Act, 1923 r/w

120-B of IPC.

3. Heard Ms. G. Ashok Reddy, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

4. The prosecution case in brief is that on 24-12-2019 the Chief General Manager (CGM) of Security Printing Press (SPP), Hyderabad, a unit of SPMCIL under the Ministry of Finance, Government of India, which produces highly secure government documents lodged complaint stating that the petitioners conspired with accused No.3, the former General Manager of SPP (2016–2018), to unlawfully access and leak classified internal documents and communications from SPP and these documents were allegedly shared with external parties to defame SPP and disrupt official proceedings. The leak, according to the complaint, posed a risk to national security and sovereignty. The investigation revealed unauthorized possession of sensitive files by the accused, allegedly motivated by malice and personal vendetta. Thus the complaint.

5. Learned counsel for the petitioners would submit that CGM of Security Printing Press, Hyderabad had filed police report with false averments only to harass the petitioners and to counter blast the petitioners complaint to the higher authorities on various irregularities. Further pleaded that the allegation of violation of Official Secrets Act, 1923 cannot be maintained upon the police report. Even otherwise the allegations and material collected after investigation does not make out any fact or circumstance against the petitioners. He further points out that this Court having considered the self same allegations against the accused No.3 quashed the proceedings by observing the mandatory contemplation under Section 13(3) of Official Secrets Act, 1923.

Thus prayed for intervention and quashment of the proceedings.

6. Learned Additional Public Prosecutor fairly submits that the Court referring to the restrictions under Section 13(3) of the Official Secrets Act, 1923, quashed the cognizance taken by the Magistrate.

7. I have perused the materials on record.

8. The offences alleged against the petitioners are under Officials Secret Act, 1923 in conspiracy with the other accused. A coordinate bench of this Court in Criminal Petition No.4629 of 2022 having considered the definition of complaint and Section 13(3) of the Officials Secret Act has held that the Courts cannot take the cognizance unless the complaint is made on an order or under any authority from the appropriate government. That being the settled position and as the petitioners herein are facing selfsame allegations to that of accused No.3, on the principle of parity, this Court is of considered view that quashment of cognizance order against the petitioners would be just and proper. Accordingly ordered.

9. In effect, this criminal petition is allowed. The proceedings in C.C.No.2437 of 2022 on the file of the XII Additional Chief Metropolitan Magistrate, Hyderabad against the petitioners hereby quashed, reserving the rights of the concerned authority for initiation of appropriate proceedings as per procedure contemplated, if so advised.

Miscellaneous petitions, pending if any, shall stand closed.

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N.TUKARAMJI,J Date:16-04-2025 ccm