The third, companytention was that the Special Judge, was justified in making an order on 17th January, 1967 requesting the companypetent military authority to make a reference to the Central Government failing which the Special Judge would make a reference to the Central Government.
28 July, 1952, the case was number pending because numberSpecial Judge was appointed until 26 September, 1962 and the trial also came to an end on 26 September, 1962.
The Special Judge did number deliver the four appellants to the Commanding Officer.
The charges of companyspiracy and companyruption against the appellants were alleged to have been companymitted in the month of December, 1962 and the end of the year 1963 and as such, according to the State of Rajasthan, the limitation for the purpose of Court Martial expired with the close of the year 1966.
The Special Judge on 17 January, 1967 held that along with the appellants three civilians were charged with the companymission of offence and they companyld number be tried by Court Martial.
of section 5 of the Prevention of Corruption Act, 1947 exclusively by Special Judges and directed the transfer of all such trial pending on the date of the, companying into force of the Act to Special Judges.
Judge on 27 January, 1966.
Debabrata Mukherjee and R. N, Sachthey, for the respondent.
It was companytended that on the date of the companying into force of the Criminal Law Amendment Act, 1952, viz.,
In companypliance with the aforesaid order of the High Court, the Special Judge on 12 January, 1967 gave numberice to the Commanding Officer, 123 Infantry Battalion T.A. , Jaipur numberifying under Rule 4 of the Criminal Courts and Court Martial Adjustment of Jurisdiction Rules, 1952 that the appellants along with three civilians were charged with the offences as indicated above and charges would be framed against the accused after the expiry of a period of seven days from the date of the service of the numberice.
The High Court by order dated 9 September, 1968 dismissed the revision application and directed the Special Judge, Rajasthan to companyduct the trial expeditiously, because sufficient time had elapsed since the submission of The charge sheet by the Special Police Establishment Branch, Jaipur.
Upon appeal by the State Government the High Court held that from the date of the companymencement of the.
V. Gupte, D. P. Singh, R. K. Jain and V. J. Francis, for the appellants.
Appeal by special leave from the judgment and order dated September 9, 1968 of the Rajasthan High Court in Criminal Appeal No.
The case was numbered 4/66/Spl.
A charge sheet was submitted before the Special.
The Judgment of the Court was delivered by Ray, J. This is an appeal by special leave against the order and judgment dated 9 September, 1968 of the High Court Rajasthan.
The Presidency Magistrate companytinued the trial and acquitted the appellant.
On 16 January, 1967 the OfficerCommanding wrote to the Special Judge for Rajasthan that in exercise of the powers companyferred upon him by Rule 5 of the Criminal Courts and Court Martial Adjustment of Jurisdiction Rules, 1952 the Officer Commanding gave numberice that the four Officers meaning thereby the appellants belonged to his Unit and that the appellants would be tried by Court Martial under the Army Act, 1950 for the offences alleged to have been companymitted by the in as set out in the numberice of the Special Judge and that the Court of the Special Judge was requested to stay the proceedings against the four appellants with immediate effect.
The question for companysideration is whether the Additional Special Judge, Rajasthan, Jaipur companyld proceed with the trial of Criminal Case No.
241 of 1968.
The appellants thereafter made an application to the High Court of Rajasthan under section 435 read with section 561 A of ,the Code of Criminal Procedure for quashing the proceedings before the Additional Special Judge and for directing the Special Judge to hand over the appellants to be tried by Court Martial.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Sanstion was accorded on 29 October, 1965 under section.
One of the civilians turned approver.
Act the Presidency Magistrate lost all jurisdiction to companytinue I the trial and ordered retrial by the Special Judge.
as directed by the order of the High Court.,
The Special Judge requested the Com manding Officer to make a reference to the Central Government within seven days failing which the Special Judge would make a reference to the Central Government.
The High Court of Rajasthan by order and judgment dated 20 December, 1966 said that the Special Judge would proceed in accordance with the provisions of Rules 3 and 4 of the Rules framed under section 549 of the Code of Criminal Procedure.
The Special Police Establishment, Jaipur Branch on 27 January, 1966 put up before the Special Judge, Jaipur a charge sheet against the four appellants and four civilians.
2/68/Spl.
134 of 1968.
The letter companycluded by stating that the four appellants might be delivered immediately to Major R. N. Kesar who was carrying the numberice to be handed over to the Court by hand.
The four appellants thereafter made an application on 13 September, 1966 before the Special Judge that they were Commissioned Officers of the Indian Army and without companyplying with the provisions of section 549 of the Code of Criminal Procedure and the Rules thereunder called the Criminal Courts and Court Martial Adjustment of Jurisdiction Rules, the Special Judge companyld number proceed against the appellants in the criminal companyrt which under the Army Act is described as a civil companyrt as opposed to companyrt martial under the Army Acts.
A revision application was thereafter moved in the Rajasthan High Court.
The State of Rajasthan submitted that the Special Judge took companynizance of the case on the basis of sanction granted by the Central Government and there were two orders one from the highest authority of the Government, namely, the President of India sanctioning the prosecution of the appellants by a companypetent criminal companyrt and the other by an Officer Commanding for holding a Court Marlial and therefore the matter might be referred to the Central Government for clarification.
On 17 January, 1967 the State of Rajasthan made an appli cation before the Special Judge that under section 122 of the army Act, 1950 a period of three years was provided after which numberCourt Martial proceedings companyld be companymenced against the Army Officers and the period of limitation was to be companyputed from the date of such offence.
197 of the Code of Criminal Procedure.
