Judgment

RAY, J.

( 1 ) THIS is an appeal by special leave against the order and judgment dated 9/09/1968 of the High Court of Rajasthan.

( 2 ) THE question for consideration is whether the Additional Special Judge, Rajasthan, Jaipur could proceed with the trial of Criminal Case No 2/68/spl Cr. as directed by the order of the High Court. That case was initiated under a sanction accorded by the Central Government under Section 197 of the Code of Criminal Procedure and Section 6 (1) (a) of the Prevention of Corruption Act and the appellants along with four civilians were charged with offenses punishable under Sections 120-B, 161, 165-A, 420, 409 and 467-A of the Indian Penal Code and Section 5 (2) of the Prevention of Corruption Act read with Sections 5 (1) (a) and 5 (1) (d) of the Prevention of Corruption Act.

( 3 ) THE Special Police Establishment, Jaipur Branch on 27/01/1966 put up before the Special Judge, Jaipur a charge-sheet against the four appellants and four civilians. One of the civilians turned approver. The four appellants thereafter made an application on 13/09/1966 before the Special Judge that they were Commissioned Officers of the Indian Army and without complying with the provisions of Section 549 of the Code of Criminal Procedure and the Rules thereunder called the "criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules", the Special Judge could not proceed against the appellants in the criminal Court which under the Army Act is described as a civil Court as opposed to Court-martial under the Army Acts. The Special Judge rejected that application on 10/10/1966 and ordered that the case would be put up for further proceedings on 16/01/1967. A revision application was thereafter moved in the Rajasthan High Court. The High Court of Rajasthan by order and judgment dated 20/12/1966 said that the Special Judge would proceed in accordance with the- provisions of Rules 3 and 4 of the Rules framed under Section 549 of the Code of Criminal Procedure.

( 4 ) IN compliance with the aforesaid order of the High Court, the Special Judge on 12/01/1967 gave notice to the Commanding Officer, 123 Infantry Battalion (T. A.), Jaipur notifying under Rule 4 of the Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 that the appellants along with three civilians were charged with the offences as indicated above and charges would be "framed against the accused after the expiry of a period of seven days from the date of the service of the notice". On 16/01/1967 the Officer Commanding wrote to the Special Judge for Rajasthan that in exercise of the powers conferred upon him by Rule 5 of the Criminal Courts and Court Martial (Adjustment of Jurisdiction) Rules, 1952 the Officer Commanding gave notice that the four Officers meaning thereby the appellants belonged to his Unit and that the appellants would be tried by Court Martial under the Army Act, 1950 for the offences alleged to have been committed by them as set out in the notice of the Special Judge and that the Court of the Special Judge we requested to stay the proceedings against the four appellants with immediate effect. The letter concluded by stating that the four appellants, might be delivered immediately to Major R. N. Kesar who was carrying the notice to be handed over to the Court by hand.

( 5 ) ON 17 January, l967 the State of Rajasthan made an application before the Special Judge that under Section 122 of the Army Act, 1950 a period of three years was provided after which no Court Martial proceedings could be commenced against the Army Officers and the period of limitation was to be computed from the date of such offence. The charges of conspiracy and corruption against the appellants were alleged to have been committed in the month of December, 1962 and the end of the year 1963 and as such, according to the State of Rajasthan, the limitation for the purpose of Court Martial expired with the close of the year. 1966. The State of Rajasthan s