Section 127: Dismissal of charges referred to higher authority

(1) Notwithstanding anything in sections 123 and 124 of this Act, where a charge-
(a) has been referred to higher authority with a view to its being tried by a court-martial; or
(b) has been submitted to higher authority for determination on how it is to be proceeded
with,
that authority may, subject to the provisions of this section, refer the charge back to the commanding officer of the accused with a direction that it shall be dismissed, and in that case the commanding officer shall dismiss the charge.
(2) Where a case is referred back under subsection (1) (b) of this section, it shall be without prejudice to the preferring of another charge if the higher authority has so directed or the commanding officer thinks fit.