JUDGMENT M.R. Verma, J.:- This criminal revision petition is directed against the order dated 4.9.2000 whereby a charge has been ordered to be framed against the petitioner and others under Sections 452,354 and 506 IPC and has been framed on the same day.

2. The grievance of the petitioner is that he is an army personnel, therefore, it was mandatory for the trial Court to comply with the provisions of Section 475 of the Code of Criminal Procedure, 1973 (hereafter referred to as the Code) but despite his request and informing the trial Court the said provisions and the relevant rules were not complied with and no written notice was given to his Commanding Officer to exercise the option for the trial of the petitioner for the said offences by the Court Martial.

3. I have heard the learned counsel for the petitioner and the learned Assistant Advocate General for the respondent - State and have also gone through the material on record.

4. There is no dispute that the petitioner is a military personnel and subject to military law. Therefore, in view of the provisions of Sections 69 and 70 of the Army Act, 1950, the petitioner can be tried by the Court Martial for the offences alleged to have been committed by him.

5. The relevant provisions providing for the initiation of proceedings for trial of persons subject to military law, contained in sub section (I) of Section 475 of the Code, read as follows:- 475. Delivery to commanding officers of persons liable to the tried by court-martial. (1) The Central Government may make rules consistent with this Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and Air Force Act, 3 950 (45 of 1950), and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subject to military, naval or air force law, or such other law, shall be tried by a Court to which this Code applies or by a Court-martial; and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Code applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest military, naval or air force station, as the case may be, for the purpose of being tried by a court-martial. Explanation. - In this Section- (a) "unit" includes a regiment, corps, ship, detachment, group, battalion or company. (b) "court-martial" includes any tribunal with the powers similar to those of a Court-martial constituted under the relevant law applicable to the Armed Forces of the Union." (2) *** *** *** (3) #*# *** ***

6. It is also not in dispute that the Central Government has not made rules in exercise of the powers conferred under Section 475 (supra) but rules called. The Criminal Courts and Court-martial (Adjustment of jurisdiction) Rules, 1952 (hereinafter referred to as the rules) had been framed by the Central Government in exercise of the powers conferred on it by sub Section (1) of Section 549 of the Code of Criminal Procedure, 1898 which contained similar provisions as in Section 475 (supra). By virtue of the provisions of Sub Section 2(b) of Section 484 of the Code, the Said rules are still operative and in force.

7. The relevant rules 2,4,5 and 6 of the rules (supra) reads as follows:- "3. Where a person subject to military, naval or Air Force law is brought before a Magistrate and charged with an offence for which he is liable to be tried by a court-martial, such Magistrate shall not proceed to try such person or to inquire with a view to his commitment for trial by the Court of Session or the High Court for any offence triable by such court, unless (a) he is of opinion, for reasons to be recorded, that he should so proceed without being moved thereto by competent military

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