CRAMANUJAN Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner in this case who is a Havaldar in the Madras Engineering Group, Ulsoor and who is therefore an employee in the Indian army, was charged with having committed the murder of one Tatachari, a Subedar in that army unit on November 1, 1961. The information about this murder was communicated by one Captain Yedav, another officer in that army on November 2, 1961, and this information reached the concerned Magistrate on November 3, 1961. After the investigation was completed by the police, a charge sheet was placed before the Magistrate on November 22, 1961. On December 8, 1961, the officer commanding the army in which the petitioner was serving, made an application to the Magistrate under Section 125 of the Army Act asking for the delivery of the petitioner to him so that he may be tried by a Court -martial. The magistrate gave the officer commanding, the order which he wanted, and it is against this order that the petitioner complains in this revision petition.

(2.) It is not disputed by the petitioner that he is subject to the military law, under which the offence of murder which was stated to have been committed by him could be tried by a Court-martial. It is also not disputed that the officer commanding the army who made the application to the Magistrate was commanding the army in which the petitioner was serving.

(3.) Now under Section 125 of the Army Act under which the officer commanding the army made the application, if an offence committed by a person serving in the army is triable not only by a Criminal Court but also by a Court -martial, it will be for the officer commanding the army to decide in which Court the proceedings in respect of the offence committed by that person should be instituted. That section also provides that if officer decides that the proceedings should be instituted before a Court-martial, he could direct the accused to be detained in military custody. That is what Section 125 provides.