( 1 ) THE order in this revision shall also dispose of criminal revision No. 199 of 1961.

( 2 ) THESE are applications for revising the order of the Magistrate First Class, jabalpur, dated 30-8-1960, whereby he held that the proceedings initiated before him on a complaint by Shri Mahabir Prasad, for offence under Sections 342, 352 and 500 read with Section 34 of the Indian Penal Code against the applicant Major gopinathan, an officer of the Armed Forces and as such subject to the Army Act, shall proceed, notwithstanding the fact that the Commanding Officer of the equivalent Citation: accused (Major Gopinathan) had given notice to the Magistrate that in his opinion he (the accused) should be tried by a court-martial.

( 3 ) FACTS, which are necessary for understanding the controversy, are as follows: shri Mahabir Prasad filed a complaint against Major Gopinathan, the applicant, and ten others for offences under Sections 341, 342, 352, 500 and 504 read with sections 34 and 147 of the Indian Penal Code in the Court of the Magistrate first class, Jabalpur. After examination of the complainant, the learned Magistrate registered the complaint for offence under Sections 342,