ILC-2011-SC-CRL-Jan-24
S.K. Jha Commodre Vs. State of Kerala & another
Indian Penal Code,1860 - Section 143 , Section 147 , Section 148 , Section 452 , Section 307 , Section 427 , Section 149
Offence under - Naval Officers arrested for the commission of offences - Application by Naval Unit Commanding Officer for handing over the accused for trial under the Navy Act 1957 - Police investigation at a preliminary stage - Application rejected by Magistrate holding that stage of consideration of application would arise only on the completion of the police investigation - Request of the Commanding Officer held premature - Appeal against - Supreme Court holding that investigation has not been completed and a charge-sheet has yet to be submitted - The stage at which the option can be exercised by the Commanding Officer cannot be examined at this stage - Appeal dismissed.
G. Prakash, Advocate
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