D. D. SINHA, J. :- Heard Shri S.A. Jaiswal, learned counsel for the petitioner and Shri S.B. Ahirkar, learned counsel for the respondents.

2. Rule. Heard forthwith by consent of the learned counsel for the parties.

3. The question which arises for our consideration in the present writ petition is, "When the offence alleged to have been Committed by the Army Officer/ Personnel and cognizance thereof has already been taken by the competent Criminal Court, whether the Officer Commanding in view of section 125 of the Army Act is legally entitled to make a request to the Criminal Court to hand over the custody of the accused to the Army Authority as well as record of the criminal trial for conducting Court martial proceedings as per the procedures prescribed in this regard."

4. Mr. Jaiswal, the learned counsel for the petitioner has contended that in the instant case the petitioner is a military personnel. At the relevant time, the petitioner was attached to 333 Missile Brigade Military Cantonment, Kamptee, District Nagpur. It is submitted that on 8-12-2005 the Petitioner alleged to have committed the offence of murder and, therefore, after the First Information Report was