SANJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner has preferred this appeal against an interim order dated February 11, 2022, passed in W.P.A. 2310 of 2022, whereby the writ petitioner 's prayer for an interim order of stay of the trial proposed to be held by the General Security Force Court (GSFC), was rejected. The Learned Single Judge granted limited protection to the writ petitioner to the effect that the result of the trial by GSFC as against the writ petitioner shall abide by the result of the writ petition. Direction was given for exchange of affidavits.

(2.) The incident that prompted the respondent authorities to initiate proceedings against the writ petitioner is that during the intervening night of 11th /12/4/2019, cattle was sought to be smuggled from India to Bangladesh. Members of the Border Security Force (BSF) intervened. As a result, the smuggling activities were thwarted. However, allegedly there was stone pelting by the smugglers directed towards the members of the BSF who suffered injury. An FIR was lodged by a member of the BSF against unknown persons. A criminal case was initiated against unknown persons. After investigation, the police filed an FRT. On the basis of such FRT, the concerned Magistrate closed the criminal case.

(3.) Subsequently, a charge sheet dated January 31, 2022 was issued by the competent authority against the writ petitioner under Sec. 40 of the Border Security Force Act, 1968. Sec. 40 reads as follows:-