LAWS(SC)-2012-5-2

GENERAL OFFICER COMMANDING Vs. CBI

Decided On May 01, 2012
GENERAL OFFICER COMMANDING Appellant
V/S
CBI Respondents

JUDGEMENT

(1.) Criminal Appeal No. 257 of 2011 has been preferred against the impugned judgment and order dated 10.7.2007 passed by the High Court of Jammu and Kashmir in Petition Nos. 78 and 80 of 2006 under Section 561-A of the Code of Criminal Procedure, (J&K) (hereinafter called as 'Code ) by which the High Court upheld the order dated 30.11.2006 passed by the Additional Sessions Judge, Srinagar in File No. 16/Revision of 2006, and by the Chief Judicial Magistrate, Srinagar dated 24.8.2006, rejecting the appellant s application for not entertaining the chargesheet filed by the Central Bureau of Investigation (hereinafter called CBI ).

(2.) Brief facts relevant to the disposal of this appeal are as under:

(3.) Criminal Appeal No. 55 of 2006 has been preferred against the impugned judgment and order dated 28.3.2005 passed by the High Court of Guwahati in Criminal Revision No.117 of 2004 by which it has upheld the order of the Special Judicial Magistrate, Kamrup dated 10.11.2003 rejecting the application of the appellant seeking protection of the provisions of Section 6 of the Armed Forces (Special Powers) Act, 1958 (hereinafter called the 'Act 1958 ) in respect of the armed forces personnel.