1. The revision is against the Order of the Special Judge, Madras, dismissing a petition purporting to be one under S.251 - A of the Criminal Procedure Code and S.126 of the Army Act . The revision petitioner is the accused in C. C. No. 15 of 1972 on the file of the Special Judge, Madras. He was formerly an army personnel in that he was the Recruiting Officer in the Army. He retired from service on 3-9-1972. A charge sheet was filed against him on 19-10-1972 for an alleged offence under S.5(2) read with S.5(1)(d) of Act II of 1947 and S.161 of the Indian Penal Code on the ground that he had accepted illegal gratification on 3-6-1972. On that date namely, the date on which the offence is said to have been committed, the accused was in Army service. But, as I said, he retired on 3-9-1972 and the charge sheet itself was filed subsequent to the retirement. The case was taken up for trial and six witnesses have already been examined by the learned Special Judge. At th