P.K.Sarin, J.

1. By this petition under Article 226 of the Constitution of India the petitioner prays for issuing a writ restraining the respondents from proceeding with the Court Martial proceedings against the petitioner. By amendment petition it has been further prayed that the order dated 9th. December, 1995 remanding the petitioner for trial by Court Martial on a charge (Annexure 6) be also quashed.

2. The petitioner holds the rank of Colonel under the Indian Army. He has been ordered to face trial by Court Martial in respect of a civil offence regarding an incident which took place in the intervening night of 17-18th November, 1994 at Ranchi. Allegations are that on that date and time the petitioner used criminal force to out-rage the modesty of the wife of Major Rahul Dev which amounts to an offence under Sec. 354 of the Indian Penal Code. According to the petitioner Major Rahul Deu had lodged a complaint regarding the said incident with respondent No. 2, the General Officer Commanding who is disciplinary authority of the petitioner. It is alleged that the respondent No. 2 inflicted a punishment of warning/Rebuke orally in presence of Colonel A.K. Bhanot and also ord