P.K. CHOUDHURY versus COMMANDER, 48 BRTF (GREF)

P.K. CHOUDHURY versus COMMANDER, 48 BRTF (GREF)

The cognizance taken by the Magistrate was bad in law as delay was not properly condoned and no valid sanction under Section 197 Cr.P.C. was obtained; the requirements of limitation and sanction were jurisdictional and not satisfied.

Parties
Appellant: P.K. Choudhury; Respondent: Commander, 48 BRTF (GREF)
Jurisdiction
India
Judgment Date
13 March 2008
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment
Outcome
appeal allowed
Legal Topics
Limitation for Criminal Prosecution, Sanction for Prosecution of Public Servant, Jurisdiction of Criminal Courts Over Armed Forces Members
Criminal Law Military Law Procedural Law Limitation for Criminal Prosecution Sanction for Prosecution of Public Servant Jurisdiction of Criminal Courts Over Armed Forces Members

Case Brief

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Parties

P.K. Choudhury

Appellant

Commander, 48 BRTF (GREF)

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether delay in filing the complaint was properly condoned
  2. 2 Whether sanction under Section 197 Cr.P.C. was required for prosecution of a member of Armed Forces for offences under Sections 166 and 167 IPC
  3. 3 Whether provisions of Army Act, 1950 exempted the requirement of sanction under Cr.P.C.

Ratio Decidendi

The cognizance taken by the Magistrate was bad in law as delay was not properly condoned and no valid sanction under Section 197 Cr.P.C. was obtained; the requirements of limitation and sanction were jurisdictional and not satisfied.

Court Disposition

appeal allowed

Orders

  • impugned High Court judgment set aside
  • no costs awarded