Section 338(3) in Criminal Courts - Rules and Orders
(3)Where within the period of five days mentioned in Rule (2), or at any time thereafter before the Magistrate has done any act or issued any order referred to in that rule, the Commanding Officer of the accused gives notice to the Magistrate that, in the opinion of competent military, naval or air force authority as the case may be, the accused should be tried by a Court-martial, the Magistrate shall stay proceedings and, if the accused is in his power or under his control, shall deliver him, with the statement prescribed by Section 549 of the said Code, to the authority specified in the said section.
