Court : Supreme Court of India
..... , the following additions should (it has been suggested) be made in the aforesaid sections after the word "custody" :-- "including military, naval or air force custody where the accused belongs to any of these services. ..... naval or air force law may be permitted to be remanded to military, naval or air force custody. ..... expressed by the other learned judge: (i) the habeas corpus petition in h.c.p.no.1021 of 2023 shall stand dismissed; (ii) the period from 14.06.2023 till such time the detenu/accused is fit for custody of the respondent shall be deducted from the initial period of 15 days under section 167(2) of the code of criminal procedure; (iii) the detenu/accused shall continue the treatment at cauvery ..... cannot be completed in twenty-four hours: completed in twenty-four hours: (1) whenever it appears that any (1) whenever any person is arrested investigation under this chapter and detained in custody, and it cannot be completed within the appears that the investigation cannot period of twenty-four hours fixed by be completed within the period of section 61, and there are grounds for ..... of continued illegal detention but the incumbent was in judicial custody by virtue of an order passed by the jurisdictional magistrate, which was in force, granting police remand during investigation of a criminal case. ..... the 1898 code ) which was in force prior to the enactment of the crpc, the maximum period for which an accused could be remanded to custody, either police or judicial, was 15 days .....
Tag this Judgment!Court : Supreme Court of India
..... proceedings shall be instituted and if that officer decides that they should be instituted before a court martial , to direct that the accused persons shall be detained in air force custody. ..... code and the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957), and the air force act, 1950 (45 of 1950), and any other law, relating to the armed forces of the union, for the time being in force, as to cases in which persons subject to military, navel or air force law, or such other law, shall be tried by a court to which this code applies or by a ..... government to make rules consistent with the crpc and the army act, navy act 1957 and the air force act 1950 and any other law relating to the armed forces of the union, as regards the cases in which persons subject to military, naval or air force law or such other law, shall be tried by a court to which the crpc applies or ..... before proceeding under clause (b) of rule 3, the magistrate shall give a written notice to the commanding officer or the competent military, naval or air force authority, as the case may be, of the accused and until the expiry of a period of fifteen days from the date of service of the notice he shall not ..... 22 the purpose underlying rule 3 and rule 4 is that unless the magistrate has been moved by a competent military, naval or air force authority, the magistrate must furnish a written notice to the commanding officer or the competent authority, if he is of the opinion that either the trial should proceed before .....
Tag this Judgment!Court : Supreme Court of India
..... the fact is that the applicant had already undergone punishment of three months rigorous imprisonment in air force custody and reduction in the rank of lac is a pre-requisite for undergoing such punishment. ..... the respondent was kept in air force custody from 11th november, 2014 to 10th february, 2015 and was dismissed from service on 10th february, 2015 ..... the counsel for the appellants, in all fairness, submits that so long as the respondent is not ordered to be reinstated in the indian air force service and there is no financial implication for the department, he may leave it to the discretion of this court to pass orders as may be deemed appropriate.12 ..... tech of master control centre, air force station basantnagar, an airman of the regular air force, is charged with : - first charge: section 38 (1) af act, 1950 deserting the service in that he, at master control centre, air force station basantnagar, new delhi, having been granted leave of absence from 20 oct 12 to 04 nov 12, did not rejoin his unit on expiry of the said leave, with the intention at the time of leaving or formed thereafter, of ..... the tribunal took note of regulation 754(c) of the defence service regulations for air force and came to hold that the punishment awarded to the respondent was excessive and ..... the respondent submitted a petition under section 161(2) of the air force act, 1950 before the chief of the air staff seeking for his reinstatement which, however, was rejected vide order dated 12th february, .....
Tag this Judgment!Court : Supreme Court of India
..... instance, to decide before which court the proceedings shall be instituted and if that officer decides that they should be instituted before a court-martial , to direct that the accused persons shall be detained in air force custody. ..... committed an offence, proceedings in respect of which ought to be instituted before him and that the presence of such person cannot be procured except through military, naval, air force or coast guard authorities, the magistrate may by a written notice require the commanding officer of such person either to deliver such person to a magistrate to be named in the said notice for being proceeded against ..... rule 4: before proceeding under clause (b) of rule 3, the magistrate shall give a written notice to the commanding officer or the competent military, naval, air force or coast guard authority, as the case may be, of the accused and until the expiry of a period of fifteen days from the date of service of the notice he shall not :- (a) convict or acquit the accused ..... it was further held that if the criminal court decides to proceed in the matter despite the contrary view of the air force authorities, then the conflict of jurisdiction shall be resolved by the central government under section 125(2) of the said act and the decision of the ..... public order (but not including the use of any naval, military or air force or any other armed force of the union or of any other force subject to the control of the union or of any contingent or unit thereof in .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... be prescribed, in the first instance, to decide before which court the proceedings shall be instituted and if that officer decides that they should be instituted before a court-martial , to direct that the accused persons shall be detained in air force custody. ..... it is explicit that the option to try the accused subject to the act by a court-martial is with the air force authorities and the accused person has no option or right to claim trial by a particular forum. ..... the defence of the country being of paramount importance, the air force authorities would know best as to whether the accused should be tried by the court-martial or by the ordinary criminal court because the trial by the ordinary criminal court would necessarily involve a member of the force being taken away for trial by the ordinary criminal court and not being available to the authorities and the like considerations. ..... there may be a variety of circumstances which may influence the decision of the air force authorities as to whether the accused be tried by a court-martial or by a criminal court. ..... years, occ:warrant officer-692560-s relieved from air force station, bidar on0109.2010 presently posted at air force station bhuj, kachchh, gujarat-370430.2. ..... the air commodore air force commanding, air force station, bidar-585401.3. ..... the option appears to have been left with the air force authorities for good and proper reasons. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... accused persons shall be detained in air force custody. ..... the option to try the accused subject to the act by a court-martial is with the air force authorities and the accused person has no option or right to claim trial by a particular forum. ..... the defence of the country being of paramount importance, the air force authorities would know best as to whether the accused should be tried by the court-martial or by the ordinary criminal court because the trial by the ordinary criminal court would necessarily involve a member of the force being taken away for trial by the ordinary criminal court and not being available to the ..... may be a variety of circumstances which may influence the decision of the air force authorities as to whether the accused be tried by a court-martial or ..... in view of the provision contained in section 124 and 125 of the air force act [ the act for short] read with section 475 of the criminal procedure code, the issue was as to whether the proceedings was required to be continued before the learned magistrate or as to whether ..... have been left with the air force authorities for good and proper ..... try a person subject to the air force act who commits an offence while an active service is in the first instance with the air force authorities. ..... in the case, the air force authorities decide either not to try such a person by a court-martial or fail to exercise the option when intimated by the criminal court within the period prescribed by rule 4 of the 1952 rules (supra .....
Tag this Judgment!Court : Supreme Court of India
..... (1) any person subject to this act who is charged with an offence may be taken into air force custody.2) any such person may be ordered into air force custody by any superior officer.3) any officer may order into air force custody any officer, though he may be of a higher rank, engaged in a quarrel, affray ..... dipak misra, j.in this writ petition, preferred under article 32 of the constitution of india, the petitioner, an employee of indian air force, who has been found guilty of the offence under section 39(a) of the air force act, 1950 (for brevity the act) and has been awarded sentence to suffer rigorous imprisonment for three months along with other punishments by order dated 15.3.2013 which has been affirmed ..... by the competent authority under section 161(1) of the said enactment, has prayed for issue of a writ of habeas corpus directing the respondents to release him as he is in illegal detention because he had already spent one and half months in custody ..... have been made by the parliament under the 1950 act and the 1957 act, yet no such amendment has been incorporated in the air force act, 1950. ..... in the army act would equally govern the person sentenced to undergo rigorous imprisonment by the court-martial under the navy act, 1957 (for short the 1957 act) and the air force act. .....
Tag this Judgment!Court : Supreme Court of India
..... 3) any officer may order into air force custody any officer, though he may be of a higher rank, engaged in a quarrel, affray ..... person may be ordered into air force custody by any superior officer. ..... subject to this act who is charged with an offence may be taken into air force custody. ..... & others ...respondents judgment dipak misra, j.in this writ petition, preferred under article 32 of the constitution of india, the petitioner, an employee of indian air force, who has been found guilty of the offence under section 39(a) of the air force act, 1950 (for brevity the act ) and has been awarded sentence to suffer rigorous imprisonment for three months along with other punishments by order dated 15.3.2013 which has been affirmed ..... by the competent authority under section 161(1) of the said enactment, has prayed for issue of a writ of habeas corpus directing the respondents to release him as he is in illegal detention because he had already spent one and half months in custody ..... been made by the parliament under the 1950 act and the 1957 act, yet no such amendment has been incorporated in the air force act, 1950. ..... the army act would equally govern the person sentenced to undergo rigorous imprisonment by the court- martial under the navy act, 1957 (for short the 1957 act ) and the air force act. .....
Tag this Judgment!Court : Punjab and Haryana
..... - (1) any person subject to the act who has been ordered into air force custody by a competent authority may be taken into such custody in accordance with the usages of the service: provided that while being held for trial or after trial pending confirmation of the proceedings, the arrest or confinement imposed upon him shall not be ..... besides, sub rule (7) of rule 22 of the rules enjoins that imprisonment or detention of a person in air force custody pending confirmation of a court-martial is not to be for a period in excess of the term of imprisonment or detention to which the court-martial ..... valid air force custody, in which, he admittedly is at present in terms of section 166(3) of the act, which reads as under:- 166(3)in the case of a sentence of imprisonment for a period not exceeding three months, the officers referred to in sub- section (1) may direct that the sentence shall be carried out by confinement in air force custody instead of in a civil or military or air force prison. ..... court martial ('dcm' for short).the said proceedings were concluded on 29.01.2013 and the petitioner was taken in custody without confirming the proceedings, which according to the petitioner, is mandatory in terms of section 152 of the air force act, 1950 ('act' for short).the petitioner submitted an application (annexure p3) through proper channel on 29.01.2013 to the air force commander in chief, ('aoc in c' for short) headquarters.maintenance command, iaf, vayu sena nagar, nagpur, (respondent .....
Tag this Judgment!Court : Delhi
..... the first instance, to decide before which court the proceedings shall be instituted and if that officer decides that they should be instituted before a court-martial, to direct that the accused persons shall be detained in air force custody. ..... make rules consistent with this code and the army act, 1950 (46 of 1950), the navy act, 1957 (62 of 1957), and the air force act, 1950 (45 of 1950), and any other law, relating to the armed forces of the union, for the time being in force, as to cases in which persons subject to military, navel or air force law, or such other law, shall be tried by a court to which this code applies or by a court-martial, and when any ..... a person subject to this act who commits an offence of murder against a person not subject to military, naval or air force law, or of culpable homicide not amounting to murder against such a person or of rape in relation to such a person, shall not be deemed to be guilty of an offence against this act shall not be tried by a court-martial, unless he ..... the inherent jurisdiction which a magistrate has to take cognizance of civil offences under the code of criminal procedure is not taken away by any provisions of the army act (and, therefore, of the air force act), and of section 549 of the code of criminal procedure and the rules made thereunder. ..... the option to try the accused subject to the act by a court-martial is with the air force authorities and the accused person has no option or right to claim trial by a particular forum. .....
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