AIR 1972 SUPREME COURT 2548 ::1973 SCC(Cri) 1101 ::(1972) 2 SCC 692 ::1973 (1) SCR 1010

Supreme Court Of India

(From : Assam and Nagaland)

Hon'ble Judge(s): J. M. Shelat, D. G. Palekar, S. N. Dwivedi , JJJ

(A) Criminal Law (Amendment) (Amending) Act (22 of 1966) , S.5(1)(b)— Applicability - Trial started against accused army officer on 7-6-1966 but charges framed against him on 7-1-1967 - S. 5 (1) (b) did not apply and hence both ordinary criminal Court and Court martial had concurrent jurisdiction to try accused - S. 549 (1), Criminal P.C. applied to such a situation. X-Ref.:- Criminal P.C. (5 of 1898) , S.549— (Para 4) (B) Criminal P.C. (5 of 1898) , S.549(1)— Criminal Courts and Court-Martial (Adjustment of Jurisdiction) Rules (1952) , R.3— Rules under - Scope - S. 549 and R. 3 are mandatory - Procedure specified in R. 3 not followed - Charge framed by Court in such a case cannot survive. (Para 6) (C) Criminal P.C. (5 of 1898) , S.549(1)— "Is liable to be tried either by a Court to which this Code applies or by a Court-martial" - Expression refers to initial jurisdiction of the two Courts to take cognizance. Section 549 (1), Cr. P. C. is designed to avoid the conflict of jurisdiction in respect of offences which are triable both by the ordinary Criminal Court and the Court-martial. The clause "for which he is liable to be t....