THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7384 of 2011 ORDER: Petitioner approaches this Court with a prayer to set aside the order dated 21.07.2011, passed in C.C.No.286 of 2006 by the XI Additional Chief Metropolitan Magistrate, Secunderabad, registered for the offence punishable under Section 304-A IPC. Heard. The learned counsel for the petitioner contended that the XI Additional Chief Metropolitan Magistrate has dismissed the application filed by the petitioner under Section 475 (1) Cr.P.C, to issue notice to the Commanding Officer holding that the notice should be issued to the Commanding Officer, under whom the accused is working regarding the commission of the offence by the petitioner herein. The learned Magistrate has dismissed the application stating that the offence is not triable by the Court-martial. Hence, this Court without going into the said aspect directed the XI Additional Chief Metropolitan Magistrate, Secunderabad, to inform the Commandant area concerned regarding the offence committed by the petitioner. If the Commanding Officer, so desires, he can invoke the appropriate provisions either to continue the trial before the said Magistrate or before the Court-martial. With the above observations, the Criminal Petition is disposed of. _________________ RAJA ELANGO,J Date:23.08.2011. Gk. THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7384 of 2011 Date: 23.08.2011 Gk.