Aniruddha Singh, J. - (1.) This criminal revision under Section 397/401 Cr.P.C. has been filed by revisionist Nanda alias Nandlal against order dated 15.9.1988 passed by IIIrd Additional Sessions Judge, Ghazipur whereby application of revisionist was rejected. dated 15.9.1988 is quoted as under:- "In view of the specific provision contained in Section 70 of the Army Act, 1950, this court has got jurisdiction to try the case Section 125 of the Army Act is not applicable in the present case, hence there is no question for remanding the case arise. Order In the result, the application is rejected."
(2.) In short, according to prosecution case, one FIR was lodged on 13.7.1986 bearing Case Crime No. 78 of 1986 under Section 147, 148, 149, 302 IPC against Nanda alias Nandlal, Kamla, Subash, Balroop @ Babloo and Jamuna alleging that on 12.7.1986 they killed Ramjag and Janardan by shooting with firearm and charge sheet was submitted against them under Section 147, 148, 149, 302, 324, 325 IPC. Cognizance was taken and case was committed to the Sessions for trial. Charges were framed on 29.2.1988 against Nandlal, Kamla and Subash under Section 148, 302/149, 325/149, 324/149 and against Jamuna under Sections 147, 302/149, 325/149, 324/149 IPC. Thereafter one application was moved by revisionist dated 4.7.1988 alleging that provision of Section 125 and 126 of Army Act, 1950(hereinafter referred to as 'Act') and Rule 3 and 4 of Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 (hereinafter referred to as 'Rules') made thereunder were not complied with, trial is without jurisdiction and trial Court be directed to comply with said sections and Rules. On the application dated 4.7.1988, impugned order was passed. Hence this revision.
(3.) Heard Sri Ajay Kumar Yadav, learned counsel for the revisionist and Sri Manas Bhargava, learned Brief Holder for the State, and perused the record.;