Ali had companymitted the offences under sections 323, 352 and 355 of the Indian Penal Code and Brigadier Randhawa had companymitted the offence under section 2 17 of the Indian Penal Code.
It was alleged in the companyplaint that Col.
On 7 April 1986 the Union of India filed another application making more detailed submissions for modification or the other dated 17 February 1986.
271 of 1987 and Petitioner in W.P. Crl.
Signal Regiment while Col.
A third application was moved by the Union of India on 30 April 1986 to the Chief Judicial Magistrate requesting that the records of the case be handed over to the Army authorities.
In that application it was companytended that under the Army Act and the Army Rules it was number mandatory that all disciplinary cases against military personnel should culminate in a trial by the Court Martial and that the directions made by the Chief Judicial Magistrate with regard to the trial of Brigadier Randhawa and Col.
It was prayed that the order dated 17 February 1986 be reviewed by deleting the direction for a trial by Court Martial at a place within the jurisdiction of the Court of the Chief Judicial Magistrate and of the direction further that the progress of the case should be intimated to the Chief Judi cial Magistrate at intervals of two months.
He also directed that Major Sharma should be permitted to proceed on leave to enable him to apply to the Gauhati High Court for filing a writ petition or taking other legal proceedings.
The Additional Chief Judicial Magistrate exam ined the companyplaint, and taking companynizance of the offences alleged to have been companymitted by Col.
Ali and Brigadier Randhawa it directed that summons be issued to them for their appearance before him on 7 March, 1986.
Signal Regiment on 14 January 1986 seeking clarification from Major Sharma on some of the allegations.
The Judgment of the Court was delivered by PATHAK, CJ.
Brigadier Randhawa wrote to the Officer Commanding, B. Comp.
From the Judgment and Order dated 3.7.
Ali by Court Martial were in companytravention of the Army Act and the Army Rules and the Criminal Court and Court Martial Adjust ment of Jurisdiction Rules 1978.
CRIMINAL APPELLATE ORIGINAL JURISDICTION Criminal Appeal No.
229 of 1986.
Thereafter a special Leave Petition was filed by the Union of India, out of which the present appal arises.
271 of 1987.
The respondent Major S.K. Sharma addressed a letter dated 21 December 1985 to Brigadier S.S. Randhawa, Command er, HQ 41 Sub Area alleging that on 15 December, 1985 he was manhandled by Col.
On 21, March 1986 the Union of India through the General Officer Commanding filed an application before the Chief Judicial Magistrate for modification of the order dated 17 February 1986.
1986 of the Gauhati High Court in Crl.
A. No.
Major Sharma was attached to B Camp.
K. Ganguli, R.P. Srivastava, P. Purameswarn and Ashok Srivastava for the Appellant in Crl.
Mir Usman Ali in the HQ 41 Sub Area Officers Mess at Jorhat.
K. Jain, Gaurav Jain, Abha Jain and R.P. Singh for the Respondent in Crl.
It was stated that the incident took place in the presence of Major M.M. Subbaiah.
It appears that companyrespondence was exchanged in the matter but apparently Major Sharma, having met with numbersatisfactory response, filed a companyplaint 21 January 1986 in the Court of the Additional Chief Judicial Magistrate, Jorhat alleging that Col.
664 of 1986.
It was asserted that the proposed disciplinary action would be initiated by the General Commanding Officer after an investigation of the alleged offences in accordance with Army Rule 22.
A. No.
Special Leave is granted.
271 of 1987 and Respondent in W.P. Crl.
On two applications moved by Major Sharma before him the Chief Judicial Magistrate made an order dated 25 January.
664 of 1986.
Ali belonged to HQ 41 Sub Area.
Ali had criminally assaulted him and further that Brigadier Randhawa did number report the matter to the higher authorities and was attempt ing to protect Col.
