RAKESH K. JAIN vs STATE THRO CBI, N DELHI

The Supreme Court addressed the applicability of Section 5(4) read with Sections 5(2) and 5(3) of the Official Secrets Act, 1923, in a criminal complaint case. 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) of the Code of Criminal Procedure. Consequently, the complaint was deemed to be filed within the prescribed time, affirming the lower courts' decisions to reject the discharge application of the petitioner.