Supreme Court · 1987 INSC 164 · Decided 29 June 1987
Union of India Through Major General H.C. Pathak v. Major S.K. Sharma
- Court
- Supreme Court of India
- Citation
- 1987 INSC 164 · [1987] 3 S.C.R. 456
- Case number
- CRIMINAL APPEAL No. 271/1987
- Decided
- 29 June 1987
- Bench
- R.S. PATHAK, V. KHALID (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 475, 200
Headnote
OF INDIA THROUGH MAJOR GENERAL H.C. PATHAK v. MAJOR S.K. SHARMA JUNE 29, 1987 [R.S. PATHAK, CJ AND V. KHALID, J.] Criminal Procedure Code, 1973-S. 475-Read with ss. 200 to 204 of the Code, and the provisions of the Army Act, 1950 and the Army Rules-When a Magistrate has taken cognizance of an inquiry for determining whether there is any case for trying the accused-It must proceed to hold the Court Martial or take such other 'effectual proceedings' as is contemplated by r. 7( I) of the Criminal Courts and Court Martial (Adjustment of Juris- D diction) Rules, 1978. An officer in the
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