Alfred Henry Lionel Leach, C.J.

1. There are two matters before us. One is an application by the Officer Commanding the Royal Naval Air Station, Tambaram, for the issue of a writ of certiorari, to quash the conviction of Eric Collins, an engine-room mechanic, who has been sentenced to three months rigorous imprisonment for an offence under Section 304-A of the Indian Penal Code and rigorous imprisonment for one month under Section 116 of the Motor Vehicles Act. The other matter is an application by the accused for the revision of his conviction and sentence. It is quite clear that the Magistrate who investigated the charge and convicted the accused did not act in accordance with law.

2. By reason of Section 549 of the Code of Criminal Procedure the Central Government may make rules consistent with the Code and the Army Act, the Naval Discipline Act and that Act as modified by the Indian Navy (Discipline) Act and the Air Force Act and any similar law for the time being in force as to the cases in which persons subject to military, naval or air force law, shall be tried by a Court to which the Code applies, or by Court-martial. When a person is brought before a Magistrate and c