G. N. Ray, J. - (1.) Leave granted. Heard learned counsel for the parties.
(2.) This appeal is directed against the order of the High Court of Rajasthan (Jaipur Bench) dated July 6, 1993 in SB Crl. Misc. Petition No.81 of 1992 under Section 482 of the Code of Criminal Procedure, affirming the order dated October 22, 1991 passed by the learned Chief Judicial Magistrate (Economic Offences) Jaipur, arising out of CBI case No. RC 8(S)/91/SIU(IX), New Delhi.
(3.) Shri Om Prakash, Deputy Superintendent of Police, CBI/SIU (IX), New Delhi, made an application under Section 155(2) of the Code of Criminal Procedure before the Chief Judicial Magistrate (Economic Offences), Jaipur for grant of permission to the said Deputy Superintendent of Police, CBI, to investigate case No. RC 8/91/SIU (IX)/CBI/New Delhi under Section 25(1) read with Section 56 of the Foreign Exchange (Regulation) Act, 1973 (hereinafter referred to as FERA) against respondent No.3 Shri Arvind Singh Mewar of Udaipur, Rajasthan. It was inter alia stated in the said application under Section 155(2) of the Code of Criminal Procedure that the aforesaid case was registered against Shri Arvind Singh Mewar on the allegation that Shri Mewar, an Indian National and a resident in India, had purchased three properties in United Kingdom and got them repaired and renovated involving total expenditure of Rs.288 lakhs (782790 pounds) approximately. The said Arvind Singh had also incurred heavy expenditure on the education of his daughter in U.K. journey expenditure to and fro United Kingdom and on the purchase of Rolls Royace Car etc. All such expenditure was incurred by Shri Mewar without any permission from Reserve Bank of India or Government of India. Accordingly, the said Shri Mewar had committed an offence under Section 25(1) read with Section 56 of FERA. It was further stated in the said application that as per Section 62 of FERA, the offences punishable under Section 56 of FERA were non-cognizable within the meaning of Code of Criminal Procedure and it was submitted that in order to investigate the non-cognizable offence, the aforesaid application for permission was filed.;