Force Authorities to exercise their option
to try the appellant by court-martial, the right of the
appellant to be tried by court-martial ... Code of Criminal
Procedure and Criminal Courts and Court Martial (Adjustment
of Jurisdiction) Rules, 1952 (hereinafter the '1952 Rules').
11. Section
7440 of 2018
JUDGMENT
L. NAGESWARA RAO, J.
1. The District Court Martial imposed a punishment of
dismissal of the Respondent from service and reduction ... short “the
Tribunal”) set aside the order of the District Court
Martial aggrieved by which the Union of India has filed
this Appeal. The Respondent
Delivery to military authorities of persons liable to be tried by Court-martial--(1) The Central Government may make rules consistent with this Code ... tried by a Court to which this Code applies, or by Court-martial, and when any person is brought before a Magistrate and charged with
General Officer Commanding directing the trial of the petitioner by General Court Martial for an offence under Section 302 Indian Penal Code.
(2) The petitioner ... death. Annexure 'E' is the finding of the Court Martial finding the petitioner, Sulakhan Singh as guilty of the charge. The finding
Section 475 Cr.P.C
and the Criminal Courts and Court Martial (adjustment of jurisdiction) Rules,
1978. Hence the custody of the accused was handed ... Section 3 & 4 of the Criminal Courts
and Court Martial (adjustment of jurisdiction) Rules, 1978; but the above
provisions and rules are applicable only
Section 475 Cr.P.C
and the Criminal Courts and Court Martial (adjustment of jurisdiction) Rules,
1978. Hence the custody of the accused was handed ... Section 3 & 4 of the Criminal Courts
and Court Martial (adjustment of jurisdiction) Rules, 1978; but the above
provisions and rules are applicable only
Commanding Officer who wishes to try the said respondent
through a Court-martial under Section 126 of the Army Act.
2. Briefly stating the case ... Army Authorities and for instituting proceedings
against him before a Court-martial was also filed. However, vide
impugned order the Addl. Sessions Judge rejected
Criminal Procedure Code, and Rule 3 of the Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952, it was incumbent upon the Committing Magistrate ... said authority wanted to claim the appellant for trial by Court Martial. It was maintained that the provisions of Rule 3 of Criminal Courts
Rule 3&4 of J&K Criminal Court and Court
Martial (Adjustment of Jurisdiction) Rules 1983 and Section 125 of Army ... Page 2 of 12
the J&K Criminal Court and Court Martial (Adjustment of Jurisdiction)
Rules 1983 and Section 125 of the Army
trial of the petitioner for the said offences by the Court-martial.
3. I have heard the learned counsel for the petitioner and the learned ... Army Act, 1950, the petitioner can be tried by the Court-martial for the offences alleged to have been committed by him.
5. The relevant
