STATE OF KERALA Vs. STATE

JUDGEMENT

(1.) This revision case is based on a letter addressed by the II Additional Assistant Sessions Judge, Kozhikode. Few facts need mentioning.

(2.) A case under Section 306 I.P.C. was filed against two accused and of them the second accused is a person working in the Army. The learned Magistrate committed the case to the Court of Session and the same was made over to the II Additional Assistant Sessions Judge by the Sessions Judge, Kozhikode. It is stated that the second accused, who is a military personal, committed an offence while he was on leave. When the accused was produced before the Magistrate, the Magistrate was not appraised of the fact that the second accused is a military personal and as such the learned Magistrate, thinking him to be a civilian, committed him to take his trial before the Sessions Court. On receipt of the records, the learned Additional Sessions Judge entertained a doubt as to the legality of the order of committal as one of the accused is a military personel. As the learned Sessions Judge was of the view that the committal was illegal, he has addressed a letter to the registry as stated above.

(3.) Section 475 Cr. P.C. recognises the rule making power of the Central Government consistent with the Criminal Procedure Code and the Army Act 1950 (Act 46 of 1950), the Navy Act, 1957 (62 of 1957), and the Air Force Act, 1950 (45 of 1950) and any other law relating to the Armed Forces of the Union, for the time being, in force, as to cases in which persons subject to military, naval or air force law, or such other law, shall be tried by a Court to which this code applies or by a Court-martial. Section 475 further contemplates that whenever a person is brought before the Magistrate and charged with an offence for which he is liable to be tried either by a Court to which the Code applies or by a court-martial, such Magistrate shall in conformity with the rules and in proper cases deliver him, together with a statement of the offence of which he is accused, to the Commanding Officer of the unit to which he belongs, or to the Commanding Officer of the nearest military, naval or air force station, as the case may be, for the purpose of being tried by a Court martial. The Central Government, in exercise of the powers under Section 475(1) of the Cr. P.C. has framed Rules in the Criminal Courts and Courts Martial (Adjustment of Jurisdiction) Rules, 1978. Rule 3 reads as follows :-