( 1 ) THE only point for consideration in this Revision is whether the Magistrate could proceed with the trial without giving notice to the Commanding Officer as required under Section 125 of the indian Air Force Act (to he referred hereinafter as the Act ). Another point that shall require consideration is whether the summons already sent can take the place of written notice as contemplated by Section 125.

( 2 ) THE matter was considered by me while deciding Criminal Reference No. 285 of 1962 made by Sri Mohammad Noorul Ain, Civil and Sessions Judge, Allahabad. The Reference was made on 21-7-1962. In the instant case also the applicant, Cpl. S. R. Tripathi, had moved the Sessions judge in Revision and the Revision was dismissed by Sri R. A. Quraishi on 5-10-1962. Considering that the Criminal Revision was decided a few months after Sri Mohammad Norrul ain made the Reference to this Court, it can be assumed that the applicant was aware of the order of Reference and was seriously pressing the objection as to the jurisdiction of the magistrate.

( 3 ) SRI R. A. Quraishi has made reference to Sections 71 and 72 of the Act but not Sections 124 and 125 of that Act. Civil