SOWMIRTHRI S Vs. STATE OF ASSAM

JUDGEMENT

(1.) Leave granted.

(2.) Heard Mr. Radhakrishnan, learned senior counsel in support of this petition and Mr. Balasubramanium, learned Counsel appearing for the Respondents.

(3.) This appeal has been filed to challenge the judgment and order dated 5th 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 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 v. Central Bureau of Investigation and 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.