Supreme Court of India

State of J & K v. Lakhwinder Kumar & Ors.

Neutral citation
Reported as [2013] 2 S.C.R. 1070
Bench Chandramauli Kr. Prasad and Fakkir Mohamed Ibrahim Kalifulla JJ.
Decided 25 April 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, both the appeals are allowed, the E impugned judgment and order of the Chief Judicial Magistrate dated 25th of November, 2010 and that of the High Court dated 21st October, 2011 are set aside.

Judgment, page 25

From the headnote

BORDER SECURITY FORCE RULES, 1969: r.41(1) (i) and (ii) read with ss. 47 and 80 of Border Security Force Act - Owing to a quarrel between BSF personnel and some boys, death of a boy by gunfire caused by BSF Constable in Srinagar - Charge sheet submitted by 0 police in the Court of Chief Judicial Magistrate - Application filed by Dy. Inspector General praying for tn"al of the accused in Security Force Court allowed by CJM - Order affirmed by High Court - Held: In view of Notification, accused were on active duty at the time of commission of the offence - Therefore, the bar under s.47 of the

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