KULDEEP KUMAR Vs. STATE OF J&K

JUDGEMENT

(1.) This Criminal Revision is filed against the order dated 20.08.2010 passed by the Court of learned 3rd Additional Sessions Judge, Jammu whereby the application of the petitioner for quashment of committal order has been dismissed.

(2.) Facts giving rise to filing of the instant revision are that the petitioner is an army personnel bearing No.2488432P of 21 Punjab and is thus subject to Army Act and Rules made thereunder. The police of Police Station, R.S.Pura has lodged an FIR No.131/2001 under Sections 307/34/326,324/148 RPC and 4/25 Arms Act against the petitioner amongst various others and filed the charge sheet before the Magistrate, who vide its order dated 20.10.2001 committed the case for trial to the Court of Sessions. It is contended that since the petitioner is an Army personnel, the learned Magistrate before passing the order of committal is bound to issue notice in writing to the Commanding Officer or Competent Authority under section 549 CrPC, 1973 read with Rule 3 &4 of J &K Criminal Court and Court Martial (Adjustment of Jurisdiction) Rules 1983 and section 125 of Army Act which is mandatory and binding in nature as per the bare reading of the above stated sections and rules and thus committed an error which goes to the root of the case. It is further contended that the error committed by the Magistrate was overlooked by the Sessions Court before whom the charge sheet transferred for trial and the alleged accused were thus charged under various Sections of Ranbir Penal Code and Arms Act even though when there was sufficient material existing in the file proving beyond doubt that the petitioner is an army personnel, moreover, the prosecution was also well aware of the said fact and thus the prosecution was directed to commanding officer of any body of troops stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence.

(3.) The petitioner is aggrieved of the order impugned dated 20.08.2010 and also Magistrate's committal order dated 20.10.2001 forming part of the criminal challan titled State of J &K v. Baldev Raj& others pending before the Court of learned 3rd Additional Sessions Judge, Jammu, therefore, is challenging the same on the following amongst other grounds which are alternatively and without prejudice to each other: