EX LT COL PK TIWARI (SL 04526K) vs UNION OF INDIA AND ORS

Judgment text excerpt

3-WP-2919-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2919 OF 2024 Ex-LT Col PK Tiwari (SL-04526K) Residing At H-606, A-Wing, Daffodils, Magarpatta City, Hadapsar, Pune ...Petitioner Versus 1. Union of India Through the Secretary, Ministry of Defence, South Block New Delhi-110001 2. Chief Of Army Staff IHQ, MoD (Army) Sena Bhavan, New Delhi-110011 3. LT GEN JS Jain GoC-in-C HQ Soughtern Command Pune,-411001 4. Maj Gen Inderjeet Singh General Officer Commanding Dakshin Maharashtra & Goa Sub Area Pune 5. Brig Rajesh Verma Commander 3 Electronic Warfare Brigade, C/o 56 APO Suresh 1/23 3-WP-2919-2024.doc 6. Col Rakesh Yadav Commandant, Army Sports Institute Pune (MH)- 411023 7. XYZ through guardian being Mr. B.K. Chaturvedi having Address at Army Sports Institute, Ghorpadi, Pune 411 036 ...Respondents Ms. Saakshi Jha a/w Mr. Ujjwal Gandhi, Mr. Prateek Dutta, Ms. Bhavi Kapoor and Mr. Parth Govilkar, for the Petitioner. Mr. Amarendra Mishra, for Respondent No.1 Mr. Aashish Satpute, APP for Respondent-State CORAM : REVATI MOHITE DERE & DR. NEELA GOKHALE, JJ. RESERVED ON : 3rd February 2025 PRONOUNCED ON : 17th February 2025 Judgment (Per Dr. Neela Gokhale): 1. Rule. Rule made returnable forthwith. With the consent of parties, the matter is heard finally. 2. The Petitioner assails the Judgment and Order dated 17 th January 2024 passed by the Armed Forces Tribunal, (‘AFT’) Mumbai Bench in Original Application (‘OA’) No. 227/2021 as well as the Suresh 2/23 3-WP-2919-2024.doc Judgment and Order dated 19 th March 2021 passed by the General Court Martial (‘GCM’) convened by the Respondent Army Authorities, to try the Petitioner for offences punishable under Section 69 of the Army Act 1950. (“AA”) 3. Section 69 of the