SUPDT. & REMEMBRANCER OF LEGAL AFFAIRS, WEST BENGAL vs USHA RANJAN ROY CHOUDHURY & ANR.

The Supreme Court upheld the High Court's decision to quash the conviction of an Army officer due to lack of jurisdiction by the Special Judge under the Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952. The Court clarified that the acquittal was not on merits but rather due to procedural irregularities, emphasizing that it is for the competent authority to decide on a fresh trial. The judgment reinforced the need for adherence to the prescribed procedures in cases involving concurrent jurisdiction under Section 52 of the Army Act, 1950.