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2001 Supreme(Bom) 455

B.H.MARLAPALLE, A.M.KHANWILKAR
Shivendra Bikaram Singh (Ex. Lt. ) – Appellant
Versus
Union of India, through the Secretary Ministry of Defence & others – Respondent


Judgment

A.M. KHANWILKAR, J.:---This writ petition under Article 226 read with Articles 14 and 21 of the Constitution of India seeks to challenge the order passed by the Court Martial dated 4th September, 2000 (Exh. P.I.); by the Admiral Chief of the Naval Staff dated 8th January, 2001 in Judicial Review of trial by Court Martial (Exh.P.2) as well as order passed by him in exercise of powers conferred under section 163 of the Navy Act, 1957 vide order dated January 31, 2001 (Exh. P.2/A). The petitioner challenges these orders whereby the Chief of the Naval Staff has maintained the findings of the Court Martial and held him guilty under sections 497, 452 and 325 of the Indian Penal Code respectively read with section 77(2) of the Navy Act, 1957, but modified the sentence to one of Rigorous Imprisonment as a Class I prisoner for a period of 12 calendar months; to be dismissed from Naval Service and to suffer the consequential penalties involved.

2. The petitioner was tried in the Court Martial proceedings for the following charges as set out in the charge-sheet, as amended in terms of Regulation 157, Regulations for the Navy Part II (Statutory) dated August 1, 2000, which read thus :

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