Case Note & Summary
The present criminal revision application was filed by the Commanding Officer of INS Hansa, Dabolim, Goa, being aggrieved by the order dated 14.11.2019 passed by the Judicial Magistrate First Class, 'B' Court at Vasco da Gama in Criminal Case No. 71/S/2018/B. By the impugned order, the JMFC rejected the applicant's application seeking transfer of the criminal case to the Navy Court for trial under the Navy Act, 1957, in terms of Section 78 of the Navy Act read with Section 475 of the Criminal Procedure Code, 1973 and the Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1978. The applicant submitted that respondent nos. 2 and 3 are serving Indian Navy personnel and are subject to the Navy Act, 1957. The offences alleged against them were committed while they were on duty and are triable by a court-martial. The High Court, after hearing the learned Standing Counsel for the applicant and noting that respondent nos. 2 and 3 remained absent despite service, allowed the revision application. The Court held that the JMFC erred in rejecting the application and directed that the criminal case be transferred to the Navy Court for trial in accordance with law. The order of the JMFC was set aside and the revision application was allowed.
Headnote
A) Criminal Procedure - Transfer of Case to Court-Martial - Section 78 Navy Act, 1957 read with Section 475 Cr.P.C., 1973 and Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1978 - The applicant, Commanding Officer of INS Hansa, sought transfer of Criminal Case No. 71/S/2018/B pending before JMFC Vasco to the Navy Court for trial of respondent nos. 2 and 3, who are serving Indian Navy personnel, for offences alleged to have been committed while on duty. The JMFC rejected the application. The High Court held that when the accused are subject to naval law and the offence is triable by court-martial, the criminal court must deliver the accused to the naval authorities for trial. The order of JMFC was set aside and the case was directed to be transferred to the Navy Court. (Paras 4-6)
Issue of Consideration
Whether the Judicial Magistrate First Class was justified in rejecting the application for transfer of the criminal case against naval personnel to the Navy Court for trial under the Navy Act, 1957, in terms of Section 78 of the Navy Act read with Section 475 of the Cr.P.C. and the Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1978.
Final Decision
The revision application is allowed. The order dated 14.11.2019 passed by the Judicial Magistrate First Class, 'B' Court at Vasco da Gama in Criminal Case No. 71/S/2018/B is set aside. The criminal case is directed to be transferred to the Navy Court for trial in accordance with law. Rule is made absolute.
Law Points
- Section 78 Navy Act
- 1957
- Section 475 Cr.P.C.
- 1973
- Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules
- 1978
- Transfer of case to court-martial
- Jurisdiction of criminal courts and court-martial
