DELHI SPECIAL POLICE ESTABLISHMENT, NEW DELHI vs LT. COL. S. K. LORAIYA

The Supreme Court held that Section 549(1) of the Code of Criminal Procedure, 1898, is applicable when determining jurisdiction between ordinary criminal courts and court-martials. The Court clarified that both courts had concurrent jurisdiction over the offences charged against the army officer, thus the procedure under Section 549(1) was rightly invoked. The Court also noted that under Section 122(1) of the Army Act, the court-martial retains jurisdiction to decide on the issue of limitation, and if it finds the three-year period has lapsed, the Central Government may sanction trial by an ordinary criminal court under Section 127 of the Army Act.