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Report No. 43

7.107. Calcutta Case.-

A Calcutta case1, though not directly involving this aspect, may be referred to. It was held in that case that the Official Secrets Act provides for a special procedure of complaint, and since a complaint by a person authorised under the Act was required, cognizance was taken under section 190(1)(a) and not under section 190(1)(b) of the Criminal Procedure Code. The procedure for trial would, therefore, be regulated by section 252 of that Code, which applies to cases instituted on complaint.

1. Romendra Singh v. Mihit Chaudhary, AIR 1969 Cal 535 (538), para. 19.

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