Supreme Court · 2013 INSC 279 · Decided 25 April 2013
State of J & K v. Lakhwinder Kumar & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 279 · [2013] 2 S.C.R. 1070
- Case number
- CRIMINAL APPEAL No. 624/2013
- Decided
- 25 April 2013
- Bench
- C.K. PRASAD, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC
Headnote
BORDER SECURITY FORCE RULES, 1969: r.41(1) (i) and (ii) read with ss. 47 and 80 of Border Security Force Act - Owing to a quarrel between BSF personnel and some boys, death of a boy by gunfire caused by BSF Constable in Srinagar - Charge sheet submitted by 0 police in the Magistrate - Application filed by Dy. Inspector General praying for tn"al of the accused in Security Force Court allowed by CJM - Order affirmed by High Court - Held: In view of Notification, accused were on active duty at the time of commission of the offence - E Therefore, the bar
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