Supreme Court of India · 2000-08-08
Rakesh Kumar Jain vs State Through Cbi
- Court
- Supreme Court of India
- Petitioner
- Rakesh Kumar Jain
- Respondent
- State Through Cbi
- Bench
- K.T. Thomas, R.P. Sethi
Judgment text excerpt
The Supreme Court addressed the application for discharge under Section 245 CrPC in a case involving the Official Secrets Act, 1923, specifically Sections 5(2) and 5(4). The Court held that the time taken to obtain sanction under Section 13(3) of the Act is to be excluded from the limitation period as per Section 470(3) CrPC, thus validating the complaint filed within the extended time frame. The Court upheld the lower courts' decisions, rejecting the petitioner's argument regarding the absence of sanction and affirming that the complaint was filed within the permissible time limit.