UNION OF INDIA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Raj Kumar Singh, learned Counsel for the Petitioner as well as Sri Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State.

(2.) The Petitioners have challenged the order impugned dated 23.2.2011, passed by the Additional Chief Judicial Magistrate-Vth, Court No. 29, Lucknow, whereby the Petitioners' application for transfer of case for trial to the Armed Forces Tribunal has been rejected on the ground that in the matter the charge-sheet has already been filed and the Court has taken cognizance of the offences, therefore, now it cannot be transferred to the Tribunal.

(3.) Learned Counsel for the Petitioners invites the attention of the Court towards the provisions of Section 475 of the Code of Criminal Procedure, which speaks for delivery of the case to commanding officers of persons liable to be tried by Court-martial. Section 475 of the Code of Criminal Procedure is extracted here below: