P.SATHASIVAM, S.TAMILVANAN
M. Krishnamoorthy & Another – Appellant
Versus
Union of India rep. By the Summary Court Martial Secunderabad & Another – Respondent
Common Judgment:
P. Sathasivam, J.
Aggrieved by the common order of the learned single Judge dated 19.04.2002 made in W.P.Nos.19155 and 19154 of 1999, the writ petitioners, viz., M. Krishnamoorthy and
K.G. Subramani, preferred the above writ appeals.
2. For convenience, we shall refer the parties, as arrayed before the learned single Judge.
3. Both the petitioners while working in the Indian Army as L/Naick, charge sheeted for a civil offence for outraging modesty of a woman, for which a case was registered against them at Bolarum (Andhra Pradesh) Police Station on 26.02.1997 on the complaint given by the victim Mrs. Subra Saha. As per the complaint, on 20.02.1997, at about 9.50 p.m. when she was walking alone on lake line, two persons tried to over power her by holding her hands and mouth and molested her. To safeguard herself, she injured one of the person. On investigation, it was found, that M. Krishnamoorthy and K.G. Subramani (petitioners), who were attempted to outrage the modesty of the said lady. After investigation, the Bolarum Police found substantial materials against those two persons, and filed a report before the XI Metropolitan Magistrate, Secunderabad.
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