Juglasharan Shukla vs State of U.P.and Another

This petition seeks quashing of First Information Report lodged against the petitioner alleging an offence under Section 3/5 of the official Secrets Act read with Section 120B of the Indian Penal Code.,

Allegations against the petitioner in the said First Information Report are that he obtained a copy of historysheet opened against him at the police Office and filed it in the Court in conspiracy with the Incharge Record keeper or any other person and thereby committed an offence punishable under Section 3 read with Section 5 of the Official Secrets Act and Section 120B of the Indian Penal Code.

In this case, section 3 of the Official Secrets Act is not at all attracted inasmuch as there is no allegation of spying in any manner detailed in Section 3 of said Act.

Section 5 of the Official Secrets Act provides that being in possession of a document which is a secret one is an offence provided it is wilfully communicated to any person, such person not being a person to whom he is authorised to communicate, or a Court of Justice or a person to whom it is in the interest of the State, his duty to communicate it". Thus, if the contents of a document are communicated to a court of Justice that would not be an offence punishable under Section 5 of the Official Secrets Act. There is no allegation that the petitioner has used the information for the benefit of a foreign power or has committed any act in respect of this clause or any other clause of the Act. In view of the fact that the said document obtained by the petitioner was filed in a court of Justice thereby communicating information to the court, it would not be an offence punishable under Section 5 of the Official Secrets Act. It may also be mentioned that this Court in the case in which said document was filed, quashed the historysheet in writ petition No, 1336 of 1987 by order dated 2111989. In view of the fact that the allegation contained in the First Information Report did not disclose any offence, no investigation can rest upon it.

The allegation of conspiracy also related to the commission of offence punishable under Section 5 of the Official Secrets Act. Once it is found that no offence under Sec. 5 of the Official Secrets Act was committed, no liability under section 120B of the Indian Penal Code would also arise as this offence can be committed only when there is conspiracy to commit the offence.

In view of the above, the First Information Report in Crime Mo. 375 of 1987, Police Station Kotwali Nagar, District Gonda is hereby quashed.

The petition is allowed accordingly. There will be no order as to costs.

(Appeal allowed).