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Armed Forces Tribunal, Regional Bench, Kochi O.A

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Armed Forces Tribunal, Regional Bench, Kochi O.A ARMED FORCES TRIBUNAL, REGIONAL BENCH, KOCHI O.A. NO. 299 OF 2017 MONDAY, THE 09TH DAY OF OCTOBER, 2017/17TH ASWINA, 1939 CORAM: HON'BLE MR. JUSTICE BABU MATHEW P. JOSEPH, MEMBER (J) HON'BLE VICE ADMIRAL M.P.MURALIDHARAN, AVSM & BAR, NM, MEMBER (A) COMMANDER SAURABH DUBEY (05417-K) TEMPORARILY RESIDING AT SHACK 95, OFFICER'S MESS, SOUTHERN NAVAL COMMAND (SNC), INS VENDURUTHY, KOCHI – 682 004. APPLICANT BY ADVS. M/S MILLU DANDAPANI & PRIYANKA RAVINDRAN Versus 1. UNION OF INDIA, THROUGH THE SECRETARY MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI – 110 011. 2. THE FLAG OFFICER COMMANDING-IN-CHIEF (SOUTH), HQ SNC, NAVAL BASE, KOCHI – 682 004, ...... RESPONDENTS 3. THE COMMANDING OFFICER, INS VENDURUTHY, NAVAL BASE, KOCHI – 682 004. 4. THE COMMANDING OFFICER, INS VAJRABAHU, NAVAL DOCKYARD, MUMBAI – 400 023. 5. THE PRESIDENT OF COURT MARTIAL, INS VENDURUTHY, NAVAL BASE, KOCHI – 682 004. BY ADV.SRI. K.RAMAKUMAR, SENIOR COUNSEL O.A.NO. 299 OF 2017 : 2 : O R D E R BABU MATHEW P. JOSEPH, MEMBER (J) This Original Application has been filed under Section 14 of the Armed Forces Tribunal Act, 2007, for quashing Annexure A1 notice of trial to the accused and for other consequential reliefs. 2. Heard Sri. Millu Dandapani, learned counsel appearing for the applicant, and Sri.K.Ramakumar, learned Senior Counsel appearing for the respondents. 3. We have elaborately heard the arguments advanced by both the sides. The main argument advanced was in regard to the maintainability of the application under Section 14 of the Armed Forces Tribunal Act, 2007. This application filed under Section 14 of the Armed Forces Tribunal Act, 2007 is not maintainable. Therefore, Sri.Millu Dandapani sought the permission of this Tribunal for withdrawing this Original Application with liberty to prefer another one if so advised. Having heard both the sides, O.A.NO. 299 OF 2017 : 3 : we are of the view that the permission sought for withdrawing the Original Application can be allowed and this Original Application can be dismissed accordingly. 4. In the result, this Original Application is dismissed as withdrawn with liberty as prayed for by the learned counsel appearing for the applicant. No costs. Sd/- Sd/- VICE ADMIRAL M.P. MURALIDHARAN, JUSTICE BABU MATHEW P. JOSEPH MEMBER (A) MEMBER (J) (true copy) pb .
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