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MADHYA PRADESH HIGH COURT
S. K. R. K. Chaturvedi, J
Major Gopinathan – Appellant
Versus
Shri Mahabir Prasad – Respondent
| Table of Content |
|---|
| 1. overview of the revisions and initial proceedings. (Para 1 , 2) |
| 2. presentation of the complaint by mahabir prasad. (Para 3) |
| 3. arguments about jurisdiction and trial rights under army act. (Para 4 , 5) |
| 4. categories of offences under the army act. (Para 6 , 7 , 8) |
| 5. discussion on jurisdiction conflicts and compliance with the army act. (Para 9 , 10 , 11) |
| 6. analysis of procedural aspects and implications for military personnel. (Para 12 , 13 , 14 , 15 , 16) |
| 7. conclusion directing stay of proceedings and trial by court-martial. (Para 17 , 18 , 19) |
1. The order in this revision shall also dispose of criminal revision No. 199 of 1961.
2. These are applications for revising the order of the Magistrate First Class, Jabalpur, dated 30/8/1960, whereby he held that the proceedings initiated before him, on a complaint by Shri Mahabir Prasad, for offence under S.342, S.352 and S.500 read with S.34 of the Indian Penal Code against the applicant Major Gopinathan, an officer of the Armed Forces and as such subject to the Army Act, shall proceed, notwithstanding the fact that the Commanding Officer of the accused (Major Gopinathan) had given notice to the Magistrate that in his o
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