Supreme Court · 2011 INSC 28 · Decided 11 January 2011
S.K. Jha Commodre v. State of Kerala and Another
- Court
- Supreme Court of India
- Citation
- 2011 INSC 28 · [2011] 1 S.C.R. 295
- Case number
- CRIMINAL APPEAL No. 1017/2010
- Decided
- 11 January 2011
- Bench
- H.S. BEDI, C.K. PRASAD (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 475, 549; Constitution
Headnote
A 8 Criminal ,Courts and Court Martial (Adjustme.nt of Jurisdiction) Rules, 1978: Rule 3 r.w. s.475, Cr.P.C. - Naval C Officers-accused arrested for offences punishable ulss. 143, 147, 148. 452, 307, 326, 427 r.w. s. 149, /PC - Remanded to judicial custody - Application by the Commanding Officer (to which the accused belonged) for handing over the accused for trial under the Navy Act, 1957 - Held: o Not maintainable at this stage since the investigation had not been completed and charge-sheet had yet to be submitted - The option as to whether the accused be tried before the criminal
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