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august 2013

Supreme Court of India · 2013-08-26

SOWMITHRI S. vs STATE OF ASSAM .

Citation / case number
SC 2012/20686
Court
Supreme Court of India
Petitioner
SOWMITHRI S.
Respondent
STATE OF ASSAM .
Author
CHELAMESWAR H.L. GOKHALE
Bench
J. CHELAMESWAR H.L. GOKHALE

Judgment text excerpt

The Supreme Court allowed the appeal filed by Sowmithri S, setting aside the Gauhati High Court's order which denied quashing of the criminal case against him under Section 302 IPC. The Court held that since the Armed Forces decided to take over the case for a comprehensive inquiry, the trial should proceed under the Army Act rather than in a civil court. The judgment referenced General Officer Commanding, Rashtriya Rifles Vs. Central Bureau of Investigation & Anr., (2012) 6 SCC 228, affirming that the decision on the trial's jurisdiction lies with the Armed Forces authorities.

SOWMITHRI S. vs STATE OF ASSAM . · Niyam