Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1273 OF 2013
(Arising out of SLP(Crl.) No.4808/2012)
SOWMITHRI S. Appellant(s)
:VERSUS:
STATE OF ASSAM & ORS. Respondent(s)
O R D E R
Leave granted.
2. Heard Mr. Radhakrishnan, learned senior
counsel in support of this petition and Mr.
Balasubramanium, learned counsel appearing for the
JUDGMENT
respondents.
3. This appeal has been filed to challenge the
th
judgment and order dated 5 June, 2012 rendered by
the Gauhati High Court in Criminal Petition
No.43/2010 which was filed by the appellant herein
under Section 482 of the Code of Criminal Procedure
to quash the criminal case filed against him bearing
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GR Case No.965/2004. The appellant was being
prosecuted under Section 302 of the Indian Penal Code
for, allegedly, being responsible for the death of a
civilian. The appellant filed Criminal Petition
No.43/2010 submitting that he could not be proceeded
in the regular criminal court. At the highest, he
could be proceeded in the Court Martial. He relied
upon the judgment of this Court in General Officer
Commanding, Rashtriya Rifles Vs. Central Bureau of
Investigation & Anr., (2012) 6 SCC 228 and
particularly paragraphs 82 and 95.2 thereof in
support. The High Court did not accept that
submission, holding that the murder was committed
while the appellant was not on active service. Being
aggrieved by that judgment and order of the High
Court, appellant has filed this appeal.
JUDGMENT
4. We have perused the above referred judgment -
rendered by this Court. This judgment clearly states
in paragraph 95.2 that in such cases, it is the
authorities of the Armed Forces who have to take a
decision as to whether the trial would be by a court
martial or criminal court. Now, an affidavit has
been filed by one Mr. Anil Yadav, who is a Major in
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the Army and in paragraph 8 of the affidavit he has
stated that the Armed Forces have decided to take
over the case from civil authorities to hold a more
comprehensive and detailed inquiry and thereafter
proceed further in accordance with Army Act and
Rules.
5. The complainant has been served in July, 2012
but he neither entered appearance before this Court
nor cared to file any reply. In the facts and
circumstances of the case, we allow this appeal, set
aside the order passed by the High Court as also the
prosecution which is lodged against the appellant.
The Armed Forces will now proceed with the inquiry as
per the affidavit filed by Major Anil Yadav.
JUDGMENT
.........................J
(H.L. GOKHALE)
.........................J
(J. CHELAMESWAR)
New Delhi;
August 26, 2013.
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