(1.) PETITIONERS in this case are Union of India and Commander Headquarters Punjab, Haryana and Himachal Pradesh and they have filed the present petition under section 482 of the Code of Criminal Procedure for setting aside the order dated 13.3.1999 passed by learned Additional Chief Judicial Magistrate, Patiala in case F.I.R. No. 250 dated 9.8.1997 under sections 279/304-A/427 of the Indian Penal Code vide which the learned Magistrate declined the application of the Military Authorities for bifurcation of the challan submitted by the police of Police Station Sadar, Patiala against the above said F.I.R. and transfer of relevant documents in original to Army Authorities for progress of the case as per Army Act. Some facts can noticed in the following manner :-
(2.) A criminal case F.I.R. No. 250 dated 9.8.1997 under sections 279/304-A/427 I.P.C. was registered in Police Station Sadar, Patiala. In the F.I.R. Nk/MT S.V. Ghode was not named as an accused but during the course of investigation police came to the conclusion that the offence has been allegedly committed by Mr. S.V. Ghode and one civilian. Mr. Ghode was taken into custody also during investigation and on completion of the investigation of the case, challan was submitted in the ordinary court against Mr. Ghode and civilian gentleman. It may be mentioned here that in this case charge has not been framed against the accused by the Trial Court so far. However, an application has been made by the Military Authorities that the local police may be directed to bifurcate the challan as Military Authorities are interested to try Mr. Ghode in the Military Court and that the relevant documents in original may also be handed over to the Army Authorities so that Mr. Ghode who is an active armed personnel may be tried according to Military laws. This request of the Government of India was opposed by Shri H.R. Verma who is father of the deceased and husband of the complainant. It was submitted by Mr. Verma in his application that the Commanding Officer of the accused Mr. Ghode was attempting to shield and protect him. The offence which has been allegedly committed by Mr. Ghode is co-accused of Mr. Man Singh is not in any way connected with the Military Force. These are purely civil offences and as such cognizance of such offence can be taken by the ordinary courts. It was also the stand of Dr. Verma that the accident had taken place in the civil area and not the cantonment limits. It was also apprehended by Mr. Verma that in the Court Martial proceedings there may not be fair trial. Learned Additional Chief Judicial Magistrate after hearing the counsel for the parties, declined the application as per para 4 of the impugned order dated 13.3.1999 and it will be useful for me to incorporate the order in verbatim in this portion of the judgment :-
(3.) I am disposing of the main petition with the assistance of Mr. Anil Rathee, learned Advocate appearing on behalf of Union of India, Shri U.S. Sahni who appeared on behalf of complaint Baljit Kaur and Shri S.S. Randhwa, DAG, Punjab who simply gave appearance on behalf of State of Punjab and with their assistance have gone through the record of this case.