An Applicant’s act of making an audio recording inside a police station would not attract Section 3 of the ‘Official Secrets Act,1923(‘’the 1923 Act’) held Bomaby High Court recntly. Referring to Section 3 of the 1923 Act which deals with ‘’Penalties for spying’’, a division bench of Justice Vibha Kankanwadi and Justice S.G. Chapalgaonkar,  observed that "anything done in the police station was not included in Section 3’’. Reasoning thus, an application filed by  an applicant initially for quashing   FIR in a case registered with Pathardi Police Station, Ahmednagar, and his  plea to quash and set aside the entire chargesheet and proceedings by way of amendment before the Judicial Magistrate First Class, was partly allowed by the bench to the extent of offence under Section 3 of the 1923 Act  only. 

The present case commenced with an application that was filed initially for quashing a FIR in a case registered with Pathardi  Police station, Ahmednagar, and thereafter by way of amendment the applicant  pleaded  for quashing and setting aside entire chargesheet and proceedings  in  the case pending before the Judicial Magistrate First Class, Pathardi, Ahmednagar.  The offence was punishable under Sections 120-B and 506 (3) of the Indian Penal Code 1860 and Section 3 of the Official Secrets Act, 1923.  It was the submission of the  Counsel for applicants   that the First Information Report  was false and concocted.   Applicant number 2 who is a native of Pathardi  is a Police Constable currently posted in Mumbai.  Three persons had illegally trespassed into the house   of the applicants on 21.04.2022 when they were not at home , however, their mother was at home. The three trespassers had assaulted,     threatened  and outraged the modesty of their mother. However, the Pathardi Police Station  registered only  a Non cognizable  (NC) case on 26.04.2022.   

Applicant 1 countered this and questioned  why only a NC had been registered  but he was abused by the Investigating Officer who  used   abusive and filthy language and subjected him to ill- treatment. Non cognizable offence was also registered against the said person. 

Thereafter, Applicant 1 was called by the present informant on 02.05.2022 only to be threatened to withdraw the complaint filed by the mother   and he was also threatened that a case under the Atrocities Act would be lodged against him. Applicant 1 made an audio recording in respect of the said threats and made a complaint to Director General of Police. The counsel argued that it was with the said ulterior motive that the present  FIR was lodged making a case that the FIR itself in its entirety was based on concoction and falsity, and hence deserved to be quashed and set aside. 

The Additional Public Prosecutor( APP)  strongly opposed the application taking serious objection to Applicant 1 who   was unnecessarily making videography and Applicant 2, who being  part  of  the  police  service himself appeared to threaten the informant and other police persons present in the police station. 

The issues for consideration before the court were: "The first and the foremost fact to be noted upon contents of First Information Report as well as statements of witnesses under Section 161 of the Code of Criminal Procedure that the entire episode has taken place in Police Station. Police have invoked the Official Secrets Act, 1923. Section 2 (8) of the said Act defines what is "prohibited place". Police Station is not included in the said definition. Section 3 of the Official Secrets Act, 1923 deals with "Penalties for spying". Concluding , the court stated that ‘’Anything done in the police station is absolutely not included in Section 3. Under such circumstance, ingredients of the said  Section  are not at all attracted’’. 

‘’ Now, in respect of other sections  that is  120-B and 506 of the  Indian Penal Code we are of the opinion that contents of First Information Report do speak about the insult or intimidation and we leave things to concerned court to see whether particulars of offence/charge  needs to be framed under Section 120-B or Section 34  of the Indian Penal Code  to be invoked. We also leave it to the court concerned to see whether any other offence is transpiring taking into consideration contents of First Information Report and chargesheet.’’ 

 ‘’The charge sheet i.e. proceedings in Regular Criminal Case No. 125/2023 pending before learned Judicial Magistrate First Class, Pathardi, Dist. Ahmednagar arising out of First Information Report  dated 19.07.2022 registered with Pathardi Police Station, for the offence punishable under Sections 120-B, 506 of the Indian Penal Code, 1860 and Section 3 of Official  Secrets Act, 1923 stands quashed and set aside to the extent of offence under Section 3 of the Official Secrets Act, 1923 only.’’ The Court ordered that the matter to proceed for other offences and learned Magistrate to take note of above observations.