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IN THE HIGH COURT OF KERALA AT ERNAKULAM
KAUSER EDAPPAGATH
Santosh Karwade, S/o Late Mr.Sitaram Karwade – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
KAUSER EDAPPAGATH, J.
The petitioner, a Navy personnel with 31 years of service, challenges the trial held against him by the Court-Martial under the Navy Act, 1957 (for short, the Navy Act), in this writ petition filed under Article 226 of the Constitution of India.Factual Background
2. The petitioner joined the Indian Navy as a Sailor in July 1993. He currently holds the rank of Master Chief Petty Officer, Logistics (Finance & Administration), First Class.
3. A Court-Martial was convened under the Navy Act to try the petitioner on the following charges:
“The accused Santosh Karwade, MCPO LOG (F&A) 1, 179845R, Indian Navy then belonging to Indian Naval Hospital Ship Sanjivani and presently borne on the books of Indian Naval Ship Venduruthy, being a person subject to Naval Law is charged for that he:-
(a) Between 30 Apr 21 to 07 May 21, guilty of cheating Surg Lt. M.Balachandran (76581Y) in that he dishonestly induced the said officer to transfer a sum of Rs.1,10,595/-(Rupees One Lakh Ten Thousand Five Hundred and Ninety Five only) to his HDFC bank account no.00721150002065 for returning the unspend amount to Govt through MRO, with the intention of not doing the same and there
The separation of investigative and prosecutorial roles is essential to ensure a fair trial, and thus an investigating officer cannot act as a prosecutor in the same case before a Court-Martial.
Point of law: irrespective of the executive or judicial nature of the office of the public prosecutor, it is certain that one expects impartiality and fairness from it in criminal prosecution
An Assistant Police Prosecuting Officer, not being categorized as a 'Police Officer,' is competent to conduct prosecutions under CrPC Section 25.
When a provision of a statute is made subject to another provision by Legislature, this evinces an intent that where latter provision is attracted, former would give way.
Public Prosecutors - It is in discharge of duties as a Prosecutor, he is ordained by law, by professional ethics or by his role as an Officer of Court, to employ only such means as are fair and legit....
Public prosecutor, and then the trial court's scrutiny, both play an essential role in safeguarding the accused's right to fair investigation, when faced with the might of the state's police machiner....
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