S. V. Gupte, D. P. Singh, R. K. Jain and V. J. Francis,for the appellants.Debabrata Mukherjee and R. N, Sachthey, for the respondent.The Judgment of the Court was delivered byRay, J. This is an appeal by special leave against the orderand judgment dated 9 September, 1968 of the High CourtRajasthan.The question for consideration is whether the AdditionalSpecial Judge, Rajasthan, Jaipur could proceed with thetrial of Criminal Case No. 2/68/Spl.as directed by theorder of the High Court., That case was initiated under asanction accorded' by the Central Government under section197 of the Code of Criminal Procedure and section 6 (1) (a)of the Prevention of Corruption Act and the appellants alongwith four civilians were charged, with offences punishableunder sections 120-B, 161, 165A. 4,20, 409 and 467-A of theIndian Penal Code and section 5(2) of the Prevention ofCorruption Act read with sections 5 (1 ) (a) and 5 (1 ) (d)of the Prevention of Corruption Act.The Special Police Establishment, Jaipur Branch on 27January, 1966 put up before the Special Judge, Jaipur acharge-sheet against the four appellants and four civilians.One of the civilians turned approver.The four appellantsthereafter made an application on 13 September, 1966 beforethe Special Judge that they were Commissioned Officers ofthe Indian Army and without complying with the provisions ofsection 549 of the Code of Criminal Procedure and the Rulesthereunder called the "Criminal Courts and Court Martial(Adjustment of Jurisdiction) Rules," the Special Judge couldnot proceed against the appellants in the criminal courtwhich under the Army Act is described as a civil court asopposed to court-martial under the Army Acts.A revision application wasthereafter moved in the Rajasthan High Court.The HighCourt of Rajasthan by order and judgment dated 20 December,1966 said that the Special Judge would proceed in accordancewith the provisions of Rules 3 and 4 of the Rules framedunder section 549 of the Code of Criminal Procedure.In compliance with the aforesaid order of the High Court,the Special Judge on 12 January, 1967 gave notice to theCommanding Officer, 123 Infantry Battalion (T.A.), Jaipurnotifying under Rule 4 of the Criminal Courts and CourtMartial (Adjustment of Jurisdiction) Rules, 1952 that theappellants along with three civilians were charged with theoffences as indicated above and charges would be "framedagainst the accused after the expiry of a period of sevendays from the date of the service of the notice".The Special Judge requested the Com-manding Officer to make a reference to the CentralGovernment within seven days failing which the Special Judgewould make a reference to the Central Government.TheSpecial Judge did not deliver the four appellants to theCommanding Officer.On 28 January, 1967 the Officer Commanding, 123 InfantryBattalion (T.A.), Jaipur wrote to the Special Judge that thenotice under Rule 5 of the Criminal Courts and Court Martial(Adjustment of Jurisdiction) Rules, 1952 served by theOfficer on the Special Judge by letter dated 16 January,1967 might be treated ,as cancelled.On 21 March, 1968 the appellants made an application beforethe Additional Special Judge, Jaipur that the CommandingOfficer acted illegally and without jurisdiction incancelling the earlier notice dated 16 January, 1967 and theCommanding Officer should have made a reference to the Chiefof the Army Staff.The appellants prayed that they might behanded over to the Commanding Officer in terms of the letterdated 17 January, 1967 issued by the Commanding Officerasking the Special Judge to deliver the appellants, to theArmy authorities.On 5 April, 1968 the Additional885Special Judge held that the Officer Commanding revised hisdiscretion and intimated by letter dated 28 January, 1967that the earlier notice dated 16 January, 1967 issued underRule 5 requiring delivery of the appellants to the Armyauthorities for trial by Court Martial was cancelled andtherefore the Special Judge would try the case and notdeliver the appellants to the army authorities.The appellants thereafter made an application to the HighCourt of Rajasthan under section 435 read with section 561-Aof ,the Code of Criminal Procedure for quashing theproceedings before the Additional Special Judge and fordirecting the Special Judge to hand over the appellants tobe tried by Court Martial.The High Court by order dated 9September, 1968 dismissed the revision application anddirected the Special Judge, Rajasthan to conduct the trialexpeditiously, because sufficient time had elapsed since thesubmission of The charge-sheet by the Special PoliceEstablishment Branch, Jaipur.Counsel on behalf of the appellants contended that the orderof the High Court was wrong for 3 reasons : First, that theSpecial Judge having issued a notice on 12 January, 1967under Rule 4 of the Criminal Courts and Court Martial(Adjustment of Jurisdiction) Rules, 19,52 to the OfficerCommanding and having received a reply dated 16 January,1967 from the Officer, the Special Judge had nojurisdiction to deal with an application of the State madeon 17 January, 1967 and pass an order on 17 January, 1967 onthe stay application that the Commanding Officer should makea reference to the Central Government.The appeal therefore fails and dismissed.

Sections cited: Section 304 in The Indian Penal Code, Section 376 in The Indian Penal Code, Section 149 in The Indian Penal Code