BUDDHI KOTA SUBBARAO Vs. K PARASARAN
LAWS(SC)-1996-8-152
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on August 13,1996

BUDDHI KOTA SUBBARAO Appellant
VERSUS
K.PARASARAN Respondents


Referred Judgements :-

STATE OF MAHARASHTRA V. DR BUDHIKOTA SUBBARAO [REFERRED TO]
STATE OF MAHARASHTRA V. DR BUDHIKOTA SUBBARAO [REFERRED TO]
STATE OF MAHARASHTRA VS. BUDHIKOTA SUBBARAO [REFERRED TO]



Cited Judgements :-

MANISH GOEL VS. ROHINI GOEL [LAWS(SC)-2010-2-17] [REFERRED TO]
KISHORE SAMRITE VS. STATE OF U.P [LAWS(SC)-2012-10-50] [REFERRED TO]
BIRANCHI NARAYAN KHUNTIA VS. STATE OF ODISHA [LAWS(ORI)-2020-1-21] [REFERRED TO]
B SINGH VS. UNION OF INDIA [LAWS(SC)-2004-3-65] [REFERRED TO]
ANIL CHAUDHARY AND OTHERS VS. RANJIT SINGH AND OTHERS [LAWS(P&H)-2017-3-158] [REFERRED TO]
DR. BISHNUDEO LAL DASS VS. UNION OF INDIA [LAWS(JHAR)-2021-6-11] [REFERRED TO]
RAM TIRTH AGRAWAL VS. ALL INDIA INSTITUTE OF MEDICAL SCIENCES, THROUGH ITS DIRECTOR, ANSARI NAGAR, NEW DELHI [LAWS(CA)-2012-2-36] [REFERRED TO]
ISHHITA FOUNDATION METRO CITY VS. STATE OF U.P. [LAWS(ALL)-2022-11-5] [REFERRED TO]
ANUPAM VERMA VS. UNION OF INDIA AND OTHERS [LAWS(ALL)-2018-1-152] [REFERRED TO]
DINAVAHI LAKSHMI KAMESWARI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2020-8-14] [REFERRED TO]
DR. ANUPAM JAISWAL AND ANOTHER VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2006-4-348] [REFERRED TO]
RAJEEV KUMAR VS. STATE OF U P [LAWS(ALL)-2005-12-7] [REFERRED TO]
P. PUGALENTHI VS. UNION OF INDIA [LAWS(MAD)-2019-6-317] [REFERRED TO]
FATIMA RAHIM AND OTHERS VS. STATE OF J&K [LAWS(J&K)-2020-3-10] [REFERRED TO]
ANJANA THAKUR VS. STATE OF HIMACHAL PRADESH THROUGH PRINCIPAL SECRETARY [LAWS(HPH)-2013-4-79] [REFERRED TO]
ARCHANA RANA VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2021-3-83] [REFERRED TO]
SHRI RAJENDRA KUMAR SHRIVAS AND ANOTHER VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2018-2-425] [REFERRED TO]
G.V. VAIRAM SANTHOSH VS. STATE OF TAMIL NADU [LAWS(MAD)-2014-8-163] [REFERRED TO]
THASNEEM S.P VS. STATE OF KERALA [LAWS(KER)-2020-8-391] [REFERRED TO]
SATHEESH KUMAR. K.A VS. STATE OF KERALA [LAWS(KER)-2020-1-258] [REFERRED TO]
SALMA VS. STATE OF H.P. [LAWS(HPH)-2020-7-36] [REFERRED TO]
AMARJEET SINGH VS. RAJENDER SINGH AND OTHERS [LAWS(HPH)-2019-11-241] [REFERRED TO]
B. BHATTACHARJEE VS. THE APPELLATE AUTHORITY AND REGISTRAR GENERAL, HIGH COURT OF MEGHALAYA AND ORS. [LAWS(MEGH)-2015-11-7] [REFERRED TO]
V RAJESH KANNAN VS. STATE OF TAMIL NADU REP BY ITS SECRETARY [LAWS(MAD)-2017-12-363] [REFERRED TO]
MANOJ DHANWANI VS. CHAIRMAN, GOVERNING BODY, SHRI GOVIND RAM SAKSARIA INSTITUTE OF TECHNOLLGY & SCIENCE [LAWS(MPH)-2019-2-229] [REFERRED TO]
ORISSA BINDERS WELFARE SOCIETY VS. STATE OF ORISSA AND 3 ORS. [LAWS(ORI)-2008-8-138] [REFERRED TO]
DELHI PRADESH REGD. MED. PRT. ASSN VS. UNION OF INDIA [LAWS(SC)-2011-2-131] [REFERRED TO]
RANBIR SINGH VS. NARESH KUMAR [LAWS(HPH)-2019-6-59] [REFERRED TO]
PRAKASH CHAND & ANR VS. DURGA SINGH & ANR [LAWS(HPH)-2016-7-286] [REFERRED TO]
BILAL ISAK SHAIKH VS. STATE OF MAHARASHTRA AND OTHERS [LAWS(BOM)-2018-7-41] [REFERRED TO]
HARISH RELAN VS. KAUSHAL KUMARI RELAN AND ORS. [LAWS(DLH)-2015-8-351] [REFERRED TO]
M.V.ARUN VS. DISTRICT COLLECTOR [LAWS(KER)-2020-11-311] [REFERRED TO]
GOVINDANUNNI K.M VS. CHANCELLOR [LAWS(KER)-2020-1-230] [REFERRED TO]
SELVAM FLAUBERT VS. UNION OF INDIA [LAWS(MAD)-2019-7-325] [REFERRED TO]
ASIF AZAD VS. UNION OF INDIA [LAWS(KER)-2023-4-35] [REFERRED TO]
AKBAR ABBASS ZAIDI VS. STATE OF U. P. [LAWS(ALL)-2024-2-82] [REFERRED TO]
UMESH KUMAR YADAV VS. STATE OF U.P. [LAWS(ALL)-2022-4-19] [REFERRED TO]
SUNIL KUMAR VS. STATE OF HARYANA [LAWS(SC)-2012-3-28] [REFERRED TO]
A.MARTIN @ A.K.MARTIN VS. CHIEF SECRETARY [LAWS(MAD)-2019-2-352] [REFERRED TO]
C. RAMACHANDRAN VS. STATE [LAWS(MAD)-2019-3-430] [REFERRED TO]
HOLICOW PICTURES PVT LTD VS. PREM CHANDRA MISHRA [LAWS(SC)-2007-12-117] [REFERRED TO]
M S SIVAKUMAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2005-2-19] [REFERRED TO]
TILK RICE VS. DGM UNION BANK OF INDIA [LAWS(ORI)-2008-9-4] [REFERRED TO]
UTTAM PRASAD GUPTA VS. ORRISSA STATE FINANCIAL CORPOATION [LAWS(ORI)-2009-4-9] [REFERRED TO]
GANGA RAM MOOLCHANDANI VS. HIGH COURT OF JUDICATURE FOR RAJASTHAN [LAWS(RAJ)-1998-11-37] [REFERRED TO]
RAJESH RATHI VS. STATE OF RAJASTHAN [LAWS(RAJ)-1997-11-7] [REFERRED TO]
MADHU JAJOO VS. STATE OF RAJASTHAN [LAWS(RAJ)-1998-10-1] [REFFERED TO : 1996 CRI LJ 3983 : 1996 AIR SCW 3356 10]
M/S. CAMBRIDGE SOLUTIONS LIMITED VS. GLOBAL SOFTWARE LIMITED [LAWS(MAD)-2016-9-62] [REFERRED TO]
JAJVINDER SINGH VS. STATE OF UTTARAKHAND [LAWS(UTN)-2020-8-11] [REFERRED TO]
G. PRAVINA VS. NARENDRA MODI [LAWS(MAD)-2014-5-11] [REFERRED TO]
MYTHRI RESIDENTS ASSOCIATION VS. SECRETARY, [LAWS(KER)-2019-10-65] [REFERRED TO]
NATIONAL FEDERATION OF THE BLIND VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2017-11-10] [REFERRED TO]
ARSIYA BANO VS. STATE OF U.P. [LAWS(ALL)-2022-7-139] [REFERRED TO]
OM PRAKASH VS. PRAKASH CHAND [LAWS(ALL)-2004-7-102] [REFERRED TO]
ASHOK PRATAP SINGH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2004-5-85] [REFERRED TO]
VIDYUT KUMAR SINGH VS. STATE OF U P [LAWS(ALL)-2007-4-275] [REFERRED TO]
DEBASHIS BISWAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2012-10-105] [REFERRED TO]
NAMITA SARKAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2012-6-72] [REFERRED TO]
AL-KAMAL AHMEDULLAH VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2018-8-1] [REFERRED TO]
DINESH AGARWAL VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2018-11-62] [REFERRED TO]
CHANDRAVADAN RANGILDAS DHRU VS. STATE OF GUJARAT [LAWS(GJH)-2017-2-236] [REFERRED TO]
SURAT SINGH AND OTHERS VS. DHAJU RAM AND OTHERS [LAWS(HPH)-2018-6-45] [REFERRED TO]
SOMAN K. VS. STATE OF KERALA [LAWS(KER)-2020-2-204] [REFERRED TO]
K.S.@S. GANESAN VS. THE SECRETARY OF EXTERNAL AFFAIRS, MINISTRY OF INDIA [LAWS(MAD)-2016-3-125] [REFERRED TO]
KUNWAR PAL SINGH RATHI VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2001-9-52] [REFERRED TO]
BED PRAKASH TIWARI VS. DISTRICT BOARD KANPUR DEHAT ZILA PARLAHAD KANPUR [LAWS(ALL)-1996-11-116] [REFERRED TO]
BABU LAL VS. DIRECTOR OF INCOME-TAX [LAWS(ALL)-2005-3-274] [REFERRED TO]
JITENDRA KUMAR GUPTA VS. U P POWER CORPORATION LTD [LAWS(ALL)-2003-4-238] [REFERRED TO]
NARESH KUMAR VS. STATE OF U P [LAWS(ALL)-2009-4-216] [REFERRED TO]
AJAY SINGH VS. STATE OF U.P. [LAWS(ALL)-2021-11-43] [REFERRED TO]
S.K. MEHROTRA VS. LUCKNOW DEVELOPMENT AUTHORITY [LAWS(ALL)-2017-5-42] [REFERRED TO]
RADHEY SHYAM VS. STATE OF U.P. [LAWS(ALL)-2017-7-77] [REFERRED TO]
MRITUNJAY KUMAR NAND VS. UNION OF INDIA [LAWS(ALL)-2022-5-209] [REFERRED TO]
ISHWAR PRASAD VS. STATE OF RAJASTHAN [LAWS(RAJ)-2024-12-1] [REFERRED TO]
SUBHASH CHAND SHARMA VS. SHAKUNTLA DEVI [LAWS(HPH)-2015-1-37] [REFERRED TO]
RAKESH KUMAR VS. PRATAP CHAND [LAWS(HPH)-2015-5-44] [REFERRED TO]
ANURAG SHARMA AND ORS. VS. STATE OF H.P. AND ORS. [LAWS(HPH)-2015-7-21] [REFERRED TO]
V.GNANASAMBANDAM VS. DISTRICT COLLECTOR [LAWS(MAD)-2019-2-314] [REFERRED TO]
TAMIL NADU HEALTH EMPLOYEES WELFARE ASSOCIATION VS. CHIEF ELECTION COMMISSIONER ELECTION COMMISSION OF INDIA [LAWS(MAD)-2019-3-469] [REFERRED TO]
RAJASTHAN ART EMPORIUM VS. RAJASTHAN STATE INDUSTRIAL AND INVESTMENT CORPN [LAWS(RAJ)-1998-5-12] [REFFERED TO AIR 1996 SC 2687 : (1996) 5 SCC 530 : 1996 CRI LJ 3983 : 1996 AIR SCW 3356 19]
RATAN KUMAR PUSPUREDDY VS. STATE OF ODISHA [LAWS(ORI)-2024-5-9] [REFERRED TO]
N NATARAJAN VS. B K SUBBA RAO [LAWS(SC)-2002-12-1] [REFERRED]
PRAHLAD PANDEY VS. STATE OF BIHAR [LAWS(PAT)-1998-7-24] [REFERRED TO]
ABHISHEK SHUKLA VS. HIGH COURT OF JUDICATURE, ALLAHABAD AND OTHERS [LAWS(ALL)-2017-11-265] [REFERRED TO]
EX JWO RAJ NATH MISHRA VS. UNION OF INDIA [LAWS(ALL)-2019-10-390] [REFERRED TO]
MUSHTAQUE AHMED VS. THE STATE OF WEST BENGAL AND ORS [LAWS(CAL)-2016-8-215] [REFERRED TO]
KHETPAL SINGH VS. STATE OF U.P. [LAWS(ALL)-2009-4-780] [REFERRED TO]
DINESH KUMAR VS. ASSTT DIRECTOR OF CONSOLIDATION AGRA [LAWS(ALL)-2006-7-164] [REFERRED TO]
LAL HARSH DEO NARAIN SINGH VS. STATE OF U P [LAWS(ALL)-2004-8-292] [REFERRED TO]
NIRANJAN LAL VS. BOARD OF REVENUE [LAWS(ALL)-2005-4-177] [REFERRED TO]
SURENDRA PRASAD SHRIVASTAVA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2023-12-15] [REFERRED TO]
SEEMA SAPRA VS. GENERAL ELECTRIC CO [LAWS(DLH)-2015-3-2] [REFERRED TO]
SOLOMON THOMAS VS. STATE OF KERALA [LAWS(KER)-2020-1-117] [REFERRED TO]
C.L.ANTO VS. STATE OF KERALA [LAWS(KER)-2020-7-31] [REFERRED TO]
SANJIV RAJENDRA BHATT VS. STATE OF GUJARAT [LAWS(GJH)-2021-8-90] [REFERRED TO]
ARTATRANA SINGH DEO VS. STATE OF ORISSA [LAWS(ORI)-2006-7-28] [REFERRED TO]
ARTATRANA SINGH DEO VS. STATE OF ORISSA [LAWS(ORI)-2006-7-28] [REFERRED TO]
DHAKSHNAMOORTHY VS. COMMISSIONER [LAWS(MAD)-2019-2-320] [REFERRED TO]
ASHOK KUMAR PANDEY VS. STATE OF WEST BENGAL [LAWS(SC)-2003-11-12] [REFERRED TO]
DATTARAJ NATHUJI THAWARE VS. STATE OF MAHARASHTRA [LAWS(SC)-2004-12-86] [REFERRED TO]
PRAFULLA KU MOHAPATRA VS. STATE OF ORISSA [LAWS(ORI)-2015-7-28] [REFERRED TO]
NIHAR RANJAN BISWAL VS. STATE OF ORISSA [LAWS(ORI)-2014-2-1] [REFERRED TO]
SAMSAR ALI VS. SECRETARY, INDIAN COUNCIL OF AGRICULTURE AND RESEARCH & OTHERS [LAWS(ORI)-2017-5-83] [REFERRED TO]
SARAT CHANDRA MOHAPATRA VS. NARASINGHA MOHAPATRA & ANOTHER [LAWS(ORI)-2017-2-2] [REFERRED TO]
STATE OF ORISSA AND OTHERS VS. MAA KURAI SHUNI BRICK INDUSTRIES AND OTHERS [LAWS(ORI)-2018-4-53] [REFERRED TO]
RAMAN LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2000-4-82] [REFERRED TO]
ALL INDIA PRIVATE VEHICLE OWNERS ASSOCIATION NEW DELHI VS. UNION OF INDIA [LAWS(SIK)-2009-4-3] [REFERRED TO]
BALDEV RAJ VS. CHAIRMAN, PUNJAB STATE ELECTRICITY BOARD [LAWS(P&H)-2013-5-507] [REFERRED]
ARUN KUMAR MAEDIRATTA VS. ANIL KUMAR MAEDIRATTA AND OTHERS [LAWS(ORI)-2019-3-17] [REFERRED TO]
PHULJHARIA DEVI W/O LATE MUNKA RAI VS. STATE OF BIHAR THROUGH THE COLLECTOR, PATNA [LAWS(PAT)-2009-9-58] [REFERRED TO]
JASWINDER SINGH AND OTHERS VS. SUPERINTENDING CANAL OFFICER AND OTHERS [LAWS(P&H)-2014-12-344] [REFERRED]
AJAI KUMAR SINGH VS. STATE OF U.P. [LAWS(ALL)-2010-6-10] [REFERRED TO]
HINDU FRONT FOR JUSTICE VS. STATE OF U P [LAWS(ALL)-2014-6-49] [REFERRED TO]
PREM LATA NIGAM VS. LUCKNOW DEVELOPMENT AUTHORITY [LAWS(ALL)-2017-7-69] [REFERRED TO]
HINDU PERSONAL LAW BOARD VS. UNION OF INDIA AND ORS. [LAWS(ALL)-2016-4-62] [REFERRED TO]
AVINASH MOHAN VS. STATE OF U P [LAWS(ALL)-2008-4-71] [REFERRED TO]
NATRAJ CHHABIGRIH VS. STATE OF U P [LAWS(ALL)-1997-3-82] [REFERRED TO]
SHEIK MOHAMMED NIZAR VS. KAMAL GUPTA [LAWS(MAD)-2017-7-102] [REFERRED TO]
BISMITA SAIKIA @ BISMITA SAIKIA DUTTA VS. PRANJAL DUTTA AND 3 ORS [LAWS(GAU)-2018-4-34] [REFERRED TO]
JOSE M. G. VS. STATE OF KERALA [LAWS(KER)-2020-7-366] [REFERRED TO]
C.M.SUBRAMANIAN S/O MANIKKAN VS. DISTRICT REGISTRAR GENERAL, CHEMBUKKAVU [LAWS(KER)-2020-6-228] [REFERRED TO]
POTTAKALATHIL RAMAKRISHNAN VS. THAHSILDAR [LAWS(KER)-2021-5-136] [REFERRED TO]
SANGITA AMBADAS KHANDAGALE VS. STATE OF MAHARASHTRA AND OTHERS [LAWS(BOM)-2018-1-277] [REFERRED TO]
JITENDERA KUMAR GUPTA VS. U P POWER CORPORATION LTD [LAWS(ALL)-2003-4-84] [REFERRED TO]
BALBHADRA PANDEY VS. GENERAL MANAGER N INDIAN TELEPHONE INDUSTRIES [LAWS(ALL)-2005-2-203] [REFERRED TO]
SANT LAL VS. RAM LAXMAN GUPTA [LAWS(DLH)-2010-4-183] [REFERRED TO]
BISWANANDA NASKAR & ANR. VS. STATE OF WEST BENGAL & ORS. [LAWS(CAL)-2016-8-218] [REFERRED TO]
AMISH JAIN & ORS VS. ICICI BANK LTD [LAWS(DLH)-2018-5-117] [REFERRED TO]
DR. ASHOK NIGAM VS. LUCKNOW NAGAR NIGAM [LAWS(ALL)-2017-7-212] [REFERRED TO]
ISMAIL FARUQUI VS. ADITYANATH [LAWS(ALL)-2022-11-39] [REFERRED TO]
M/S. DWARIKA PRASAD AGARWAL VS. REGISTRAR, FIRMS, SOCIETIES AND CHITS, U.P. [LAWS(ALL)-2014-1-132] [REFERRED TO]
GEORGE VATTUKULAM VS. STATE OF KERALA [LAWS(KER)-2020-2-374] [REFERRED TO]
B. RADHAKRISHNA MENON VS. STATE OF KERALA [LAWS(KER)-2020-6-211] [REFERRED TO]
JOSEPH K.J. AND ORS. VS. THE MATTATHUR GRAMA PANCHAYATH AND ORS. [LAWS(KER)-2020-7-386] [REFERRED TO]
HARBANS SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-1998-3-9] [REFERRED TO]
STATE OF RAJASTHAN VS. BASANT PRAKASH [LAWS(RAJ)-1999-1-49] [REFERRED TO]
SRI JENAMANI SHAILENDRA KR. RAY VS. ORISSA STATE FINANCIAL CORPORATION AND 2 ORS. [LAWS(ORI)-2008-9-97] [REFERRED TO]
NEETU VS. STATE OF PUNJAB [LAWS(SC)-2007-1-67] [REFERRED TO]
SOVABATI MANASINGH VS. THE CHANCELLOR [LAWS(ORI)-2013-8-92] [REFERRED TO]
SATTA PANCHAYAT IYAKKAM VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-2-270] [REFERRED TO]
V.ANNARAJA VS. SECRETARY TO THE UNION OF INDIA [LAWS(MAD)-2019-2-399] [REFERRED TO]
MAJOR JASBINDER SINGH BALA S O SRI BACHAN SINGH BALA VS. IIND ADDITIONAL DISTRICT JUDGE [LAWS(ALL)-2005-11-17] [REFERRED TO]
GAGAN SHARMA VS. STATE OF U. P. [LAWS(ALL)-2022-4-218] [REFERRED TO]
ARUN KUMAR JAIN VS. STATE OF U.P. [LAWS(ALL)-2020-2-231] [REFERRED TO]
VIJAY KUMAR GUPTA VS. STATE OF HIMACHAL PRADESH & OTHERS [LAWS(HPH)-2015-1-60] [REFERRED TO]
AMAR SINGH VS. SHIV DUTT AND ORS. [LAWS(HPH)-2014-7-245] [REFERRED TO]
JOBY SEBASTIAN VS. STATE OF KERALA [LAWS(KER)-2020-6-222] [REFERRED TO]
G.VIJAYAKUMAR VS. DIRECTOR GENERAL [LAWS(MAD)-2019-2-391] [REFERRED TO]
A. VIJAYA SEKARAN VS. SECRETARY TO GOVERNMENT HOME [LAWS(MAD)-2019-4-650] [REFERRED TO]
AGRICULTURAL PRODUCE MARKET COMMITTEE, DHULE THROUGH ITS SECRETARY AND ANOTHER VS. PARASHRAM DAGA PATIL [LAWS(BOM)-2017-8-294] [REFERRED TO]
SYNDICATE BANK VS. SSP TRADEX PRIVATE LTD & ORS [LAWS(DLH)-2018-5-98] [REFERRED TO]
SHAILESHKUMAR LABHSHANKAR PANDYA VS. STATE OF GUJARAT [LAWS(GJH)-2015-7-69] [REFERRED TO]
RAGHUNATH SAHU VS. STATE OF ODISHA [LAWS(ORI)-2024-5-12] [REFERRED TO]
GURPAL SINGH VS. STATE OF PUNJAB [LAWS(SC)-2005-5-35] [REFERRED TO]
RAMA CHANDRA CHAUDHURY VS. STATE OF ORISSA [LAWS(ORI)-2015-7-27] [REFERRED TO]
KRISHNA SINGH RAGHUVANSHI VS. UNION OF INDIA AND OTHERS [LAWS(MPH)-2017-8-130] [REFERRED TO]
DELHI PRADESH REGD MEDICAL PRACTITIONER ASSN VS. UNION OF INDIA [LAWS(SC)-2011-3-91] [REFERRED TO]
DINESH @ DINESH KUMAR VS. HIGH COURT OF JUDICATURE AT PATNA [LAWS(PAT)-2020-1-71] [REFERRED TO]


JUDGEMENT

Dr. ANAND, J. - (1.)We have heard the applicant who has appeared in person at length.
(2.)The applicant took voluntary retirement from the Indian Navy while holding the rank of a Captain on 27th October, 1987. While on his way to USA on May 30, 1988, he was detained at the Sahar International Airport, Bombay. His suitcase was taken away from him and he was taken to the Sahar Police Station and locked up. He was alleged to be carrying atomic and defence secrets with him. His successive applications for release on bail were rejected by the Metropolitan Magistrate, the Sessions Court and by the Bombay High Court. An order granting him bail on "medical grounds" was cancelled by this Court. After obtaining consent of the then Attorney General of India, Mr. K. Parasaran (respondent No. 1 herein) under Section 26 (2) of the Atomic Energy Act, 1962 and authorisation from the Chief Vigilance Officer of the Department of Atomic Energy Mr. S. K. Bhandarkar (respondent No. 2 herein) for proceeding against the applicant and prosecuting him for the various offences alleged against him, he was committed by the learned committing Magistrate to stand his trial in the Court of Sessions Judge. Charges for offences including the offences under Section 3/6 Official Secrets Act and Sections 18/19 of the Atomic Energy Act, 1962 were framed against him. Against the order for framing of charges, the applicant unsuccessfully approached the Bombay High Court through revision application No. 96/89. The applicant thereafter filed a criminal writ petition in the High Court once again inter alia calling in question the order for framing of charges and during the pendency of the writ petition, he filed a criminal miscellaneous petition in the High Court also alleging that the charges against him were vitiated by "fraud" on the basis of the allegations made in the application, committed by the State and the Public Prosecutor. While matters rested thus, on 26-4-1991 the learned Sessions Judge trying the case, found that the prosecution had not obtained any sanction to prosecute the applicant and concluded that in the absence of sanction under Section 197, Cr. P. C. the trial was vitiated and accordingly discharged the applicant. The High Court while considering the criminal revision petition filed by the State against the order of discharge declined to interfere but found that since the case had travelled beyond the stage of Section 227/228, Cr. P. C. an order of acquittal and not one of discharge was warranted and converting the order of discharge into an order of acquittal, dismissed the petition filed by the State on 12-10-1991. Though, technically the criminal writ petition filed by the applicant had thus been rendered infructuous, a learned single Judge, after dismissal of the revision petition filed by the State, heard the writ petition and the miscellaneous petition and made an order passing strictures against the State and Public Prosecutor virtually accepting various pleas raised by the applicant alleging commission of "fraud" by the special prosecutor and the State. The State of Maharashtra aggrieved by that order of the High Court, filed SLP (Crl.) No. 4178/91 (Criminal Appeal No. 275 of 1993) in this Court. On March 10, 1993, a Bench of this Court allowed the appeal and set aside the order dated 28-10-1991 passed in the criminal miscellaneous petition and the criminal writ petition and directed that in view of the order of discharge made in favour of the applicant by the trial Court, Criminal writ petition would stand dismissed as infructuous. The "remarks" made by the learned single Judge of the High Court against the State and the Public Prosecutor were also directed to be expunged. This Court expressed its disapproval of the manner in which the High Court had proceeded with the case.
(3.)The order of discharge made by the learned Sessions Judge and confirmed by the High Court was also challenged by the State through SLP (Crl.) 986/92 (Criminal Appeal NO. 276/93). A Division Bench of this Court dismissed the appeal against the order of discharge of the applicant, being criminal appeal No. 276 of 1993. This Court, however, opined that the order of discharge made by the trial Court was sound and that the High Court fell in error in converting it into an order of acquittal. The order of acquittal was consequently converted into an order of discharge. The applicant was awarded costs of Rs. 25,000/- taking into consideration the mental suffering and financial loss suffered by him. While dismissing the appeal it was observed that "since the appeal fails for non-compliance of Section 197 and the order discharging the accused has to be upheld we do not propose to examine the finding if authorisation under O.S. Act and A.E. Act to prosecute the accused was valid or not." It transpires from the record that a review petition filed by the applicant inter alia to invite a finding on the validity of consent and authorisation to prosecute him and against the other "findings" as recorded by this Court has also been since dismissed by this Court.


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