UNION OF INDIA THROUGH MAJOR GENERALH.C. PATHAK vs MAJOR S.K. SHARMA

The Supreme Court held that once a Magistrate takes cognizance of an offence under Section 190(A) of the Criminal Procedure Code (Cr.P.C.) and issues summons under Section 204(A), the case must be transferred to the Army Authorities for trial by Court Martial as mandated by Section 475 Cr.P.C. The Court clarified that the Army Authority cannot conduct a preliminary inquiry to determine if a case exists, as the judicial process for establishing a prima facie case has already been completed. The appeal was dismissed, affirming the necessity of a Court Martial for the accused officers.