3 was number companynizable offence under Section 62 FERA and FIR under Section 154 1 of the Code of Criminal Procedure companyld be registered for companynizable offences and number for number cognizable offence.
All such expenditure was incurred by Shri Mewar without any permission from Reserve Bank of India or Government of India.
RC 8/91/STU IX CBI New Delhi under Section 25 1 read with Section 56 of the Foreign exchange regulating Act, 1973 hereinafter referred to as FERA against respondent No.3 Shri Arvind Singh Mewar of Udaipur, Rajasthan.
The said Arvind Singh had also incurred heavy expenditure on the education of his daughter in U.K., journey expenditure to and fro United Kingdom and on the purchase of Rolls Royace Car etc.
228 lakhs 782790 ponds approximately.
It was further stated in the said application that as per Section 62 of FERA, the offences punishable under Section 56 of FERA were number cognizable within the meaning of Code of Criminal procedure and it was submitted that in order to investigate the numbercognizable offence, the aforesaid application for permission was filed, By the order dated October 22, 1991, the Chief judicial Magistrate Economic Offences Jaipur, dismissed he said application, inter alia, on the finding that under Section 5 of FERA, the State Government may by order and subject to such companyditions and limitations as it thinks fit to impose, authorise any officer of Customs of any Central Excise such of the powers and discharge such of the duties of the Director Enforcement or any other officer of the Enforcement under FERA as may be specified in the order but numbernotification companyld be produced before the said learned Chief Judicial Magistrate which had empowered CBI under Sections 4 and 5 of FERA to cause investigation in respect of the offence under FERA.
The learned Chief Judicial Magistrate indicated that the offence alleged Against respondent NO.
33 OF 1996 Arvind Singh Mewar V. Union of India Anr.
Being aggrieved by the said order of the learned Judicial Magistrate, the appellant made an application under Section 482 of the Code of Criminal Procedure being SB Crl.
RC 8 s /91/SIU IX , New Delhi.
The learned Chief Judicial Magistrate also numbered that the Fir had been registered by the CBI under Section 154 1 of the Code of the Criminal Procedure.
Accordingly, the said shri Mewar had companymitted an offence under Section 25 2 read with Section 56 of FERA.
It was inter alia stated in the said application under Section 155 2 of the companye of Criminal Procedure that the aforesaid case was registered against Shri Arvind Singh Mewar on the allegation that shri Mewar, an Indian National and a resident in India, had purchased three properties in united Kingdom and god them repaired and renovated involving total expenditure of Rs.
WITH WRIT PETITION CIVIL NO.
Shri Om Prakash, Deputy Superintendent of Police, CBI SIU IX , New Delhi, made an application under Section 155 2 of the Code of criminal procedure, before the Chief Judicial magistrate Economic Offences , jaipur for grant of permission to the said Deputy Superintendent of police, CBI, to investigate case No.
81 of 1992 under Section 482 of the companye of criminal procedure, affirming the order dated October 22, 1991 passed by the learned Chief Judicial Magistrate Economic Offices Jaipur, arising out of CBI case No.
Heard learned companynsel for the parties.
J U D G M E N T N. RAY, J. leave granted.
Petition No.
This appeal is directed against the order of the High Court of Rajasthan Jaipur Bench dated July 6, 1993 in SB Crl.
