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.