KULWANT SINGH @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE grievance of the petitioner who is a serving member of the Indian Armed Forces is that he has been involved in FIR case No. 13 dated 21.2.1997 under Sections 302, 34 IPC relating to the Police Station Bassi Pathanan, District Fatehgarh Sahib in the State of Punjab and the matter was not taken up by the Court of competent jurisdiction with the Commanding Officer of the petitioner and instead the case was committed to the Court of Sessions. It is further urged that even the learned Additional Sessions Judge declined the prayer of the petitioner and proceeded to frame charge and put the petitioner to trial.

(2.) NOTICE was issued to the respondents and reply has been filed by way of an affidavit of Shri Shamsher Singh, PPS, Deputy Superintendent of Police, Fatehgarh Sahib wherein it has been contended that there is no mention in the report filed under Section 173 Cr.P.C. that the petitioner was serving in the Army and was arrested while he was availing his annual leave. However, no comments were made regarding the relevant provisions of law dealing with such a situation. Learned Counsel for the petitioner contends that Section 475 of the Code of Criminal Procedure provides for delivery to Commanding Officer of the persons liable to be tried by Court martial. Section 475 Cr.P.C. reads as under :

(3.) AFTER noticing the rival contention of the parties, the Division Bench held in para 6 as under :