DILAWAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This criminal revision petition is directed against the order dated 4-9-2000 whereby a charge has been ordered to be framed against the petitioner and others under Sections 452, 354 and 506, I.P.C. and has been framed on the same day.

(2.) The grievance of the petitioner is that he is an army personnel, therefore, it was mandatory for the trial Court to comply with the provisions of Section 475 of the Code of Criminal Procedure, 1973 (hereafter referred to as "the Code") but despite his request and informing the trial Court the said provisions and the relevant rules were not complied with and no written notice was giiven to his Commanding Officer to exercise the option for the trial of the petitioner for the said offences by the Court-martial.

(3.) I have heard the learned counsel for the petitioner and the learned Assistant Advocate General for the respondent - State and have also gone through the material on record.