The petitioner filed an application under Section 245 of the Code of Criminal Procedure in the Trial Court for being discharged on the grounds that the order of the prosecution had number been passed by an appropriate authority and that the companynizance companyld number have been taken as according to him the companyplaint was barred by limitation.
The plea of the companyplainant was that period of 79 days required for obtaining the sanction order should be excluded in companyputing the period of limitation.
Accepting the plea of the companyplainant, the companyplaint filed against the petitioner was held to be within time.
Relying on the provisions of Section 13 3 of the Act, the Trial Magistrate as well as the High Court held that Section 13 3 of the Act provided the taking of previous companysent or sanction of the appropriate Government and the time required for obtaining such companysent or sanction was to be excluded in terms of Section 470 3 of the Code of Criminal Procedure.
Pointed reference was made to the order of sanction dated 21st April, 1988, companyy of which has been placed on the paperbook of this appeal.
SETHI,J. LITTTTTTTJ The criminal companyplaint under Section 5 4 read with Sections 5 2 3 of the Official Secrets Act, 1923 hereinafter called the Act was filed against the petitioner in the Court of Chief Metropolitan Magistrate, Delhi by the Union of India through Deputy Superintendent of Police, Central Bureau of Investigation, SPE, Anti Corruption Unit, New Delhi.
