Section 87(6) in Criminal Rules of Practice and Circular Orders, 1990
(6)Where a Magistrate has been moved by the competent Military, Naval or Air Force authority, as the case may be under Clause (a) of Rule 3, and the Commanding Officer of the accused or the competent Military. Naval or Air Force Authority, as the case may be, subsequently gives notice to such Magistrate that in the opinion of such Officer or authority, the accused should be tried by a Court Martial, such Magistrate if he has not taken any action or made any order referred to in Clauses (a), (b), (c) or (d) of Rule 4, before receiving the notice shall stay the proceedings and if the accused is in his power or under his control, shall deliver him together with the statement referred to in sub-section (1) of Section 475 of the said Code to the Officer specified in the said sub-section.
