ORDER
K. Sreedhar Rao, J.
1. Learned Government Pleader takes notice for the respondent.
2. The office objections are waived.
3. This criminal revision petition is filed under Sections 397 and 401 of the Cr. P.C. to set aside the order of the XI Additional Chief Metropolitan Magistrate, Bangalore, dated 31-5-2002 in respect of preliminaries of the Court-martial proceedings held at Secunderabad. A witness staying in Bangalore is required for examination. The summons were issued to the witness through Magistrate under the provisions of Section 135(3) of the Army Act. Therefore, the Assistant Judge, Advocate General, Headquarters, Southern Command, made a request to Chief Metropolitan Magistrate for issuance of warrant of arrest to the witness. In respect of the said request, the Additional Chief Metropolitan Magistrate passed an order holding that the Court by itself cannot issue any warrant of arrest. The Military Authorities can issue warrant of arrest against the witness and for execution of the said warrant of arrest, the Court will render its assistance. However, the Court declined to issue warrant of arrest by itself and thus rejected the request. Being aggrieved, the present revision petition is filed.
4. The provisions of Section 135 of the Army Act reads thus:
'(1) The convening officer, the presiding officer of a Court-martial, the Judge, Advocate or the commanding officer of the accused person may, by summons under his hand, require the attendance, at a time and place to be mentioned in the summons, of any person either to give evidence or to produce any document or other thing.
(2) In the case of a witness amenable to military authority, the summons shall be sent to his commanding officer and such officer shall serve it upon him accordingly.
(3) In case of any other witness, the summons shall be sent to the Magistrate within whose jurisdiction he may be or reside, and such Magistrate shall give effect to the summons as if the witness were required in the Court of such Magistrate.
(4) When a witness is required to produce any particular document or other thing in his possession or power, the summons shall describe it with reasonable precision'.
On the close reading of the provisions contained in Sub-section (3), the key words 'such Magistrate shall give effect to the summons as if the witness were required in the Court of such Magistrate' should be understood to mean that the Magistrate shall have to issue the summons or warrant of arrest under his hand and seal as if the Court itself is issuing the summons or warrant, but however directing the appearance or production before the concerned Military Authorities. The words 'shall give effect to' should not be narrowly understood to mean only that the Court to play an assisting role in executing the warrant. Since under Sub-section (2) the presiding officer of the Court-martial has no jurisdiction to issue the summons and warrant to the non-military personnel and as far as civilians are concerned, under Sub-section (3) the aid of the Court has to be taken and the Court upon such request has to issue the summons or warrant as though issued by the Court with a direction to appear or produce before the Court-martial.
5. In that view of the matter, the impugned order is set aside and the Magistrate is directed to issue the warrant or arrest as prayed for. Further, it is directed that the execution of warrant of arrest to be entrusted to the Army Authorities in view of the provisions contained in Section 72 of the Cr. P.C. Accordingly, the petition is disposed off.