Court : Jammu and Kashmir
Reported in : 1960CriLJ1453
ORDERJ.N. Wazir, C.J.1. This is a reference made by the Sessions Judge Kashmir, recommending that the conviction recorded by the trial Magistrate be set aside as the Magistrate had no jurisdiction to try the accused who was a Major in the Indian Army and was triable by Court martial.2. The facts which gave rise to this reference briefly stated are these: Major A. J. Anand who was in civil clothes was driving motor cycle No. 4892 on Club Road in Srinagar on 8-10-1959. He was stopped and was asked to produce his driving licence and registration certificate. He failed to do so. He was summarily tried by the Mobile Magistrate, Srinagar and was convicted Under Section 86/112 of the Motor Vehicles Act and sentenced to pay a fine of Rs. 10/ , in default to suffer simple imprisonment for two days. The accused filed a revision application against the order of the Mobile Magistrate and the Sessions Judge has made this reference for quashing the conviction and the sentence on the ground that the ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 1960CriLJ1593
ORDERK.V. Gopalakrishnan Nair, J.1. The petitioner in this criminal revision preferred a complaint to the City Magistrate at Srinagar against five persons enrolled under and subject to the Indian Army Act accusing them of offences Under Sections 392, 448 and 506 of the Ranbir P. C. which is in force in this State. After recording the statement of the complainant, the Magistrate issued process to the accused persons in respect of the offences under the aforesaid Sections. This led the Officer Commanding West Station to address a letter dated 10-7-1959 to the Magistrate pointing out that the accused persons being military personnel could not be Wed by a civil court unless the army authorities agreed to it. Some further correspondence ensued between the army authorities on the one hand and the Magistrate on the other. Eventually, the Magistrate held as follows:As the army authorities have undertaken to deal with the case therefore in view of Section 125 of Indian Army Act and Section 69 o...
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