AJIT KUMAR, ETC. versus UNION OF INDIA AND OTHERS ETC.

AJIT KUMAR, ETC. versus UNION OF INDIA AND OTHERS ETC.

Section 428 of the Code of Criminal Procedure does not apply to persons convicted and sentenced under the Army Act by court martial, as the Army Act is a special enactment with its own procedure; only cases investigated, enquired into, or tried under the CrPC can claim this benefit.

Parties
Petitioner: Ajit Kumar, etc.; Petitioner: B; Respondent: Union of India and Others, etc.
Jurisdiction
India
Judgment Date
25 November 1987
Procedural Posture
Writ Petition (criminal) / Original Jurisdiction, Final Decision
Outcome
Petitions dismissed.
Legal Topics
Set Off of Pre Trial Detention, Court Martial Procedure, Application of Section 428 Cr PC
Military Law Criminal Procedure Set Off of Pre Trial Detention Court Martial Procedure Application of Section 428 Cr PC

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Ajit Kumar, etc.

Petitioner

B

Petitioner

Union of India and Others, etc.

Respondent

Procedural Posture

Writ Petition (criminal) / Original Jurisdiction, Final Decision

Legal Issues

  1. 1 Whether section 428 of the Code of Criminal Procedure applies to persons convicted and sentenced under the Army Act by a General Court Martial.
  2. 2 Whether petitioners are entitled to set-off of pre-trial detention against sentence of imprisonment under section 428 CrPC.

Ratio Decidendi

Section 428 of the Code of Criminal Procedure does not apply to persons convicted and sentenced under the Army Act by court martial, as the Army Act is a special enactment with its own procedure; only cases investigated, enquired into, or tried under the CrPC can claim this benefit.

Court Disposition

Petitions dismissed.

Orders

  • Petitions dismissed.