Section 87(4) in Criminal Rules of Practice and Circular Orders, 1990
(4)Before proceeding under Clause (b) of Rule 3, the Magistrate shall give a written notice to the Commanding Officer or the competent Military, Naval or Air Force authority, as the case may be, of the accused and until the expiry of a period of 15 days from the date of service of the notice he shall not -(a)Convict or acquit the accused under Section 252, sub-sections (1) and (2) of Section 255, sub-section (1) of Section 256 or Section 257 of the Code of Criminal Procedure, 1973 (2 of 1974), or hear him in his defence under Section 254 of the said Code ; or(b)frame in writing a charge against the accused under Section 240 or sub-section (1) of Section 246 of the said Code ; or(c)make an order committing the accused for trial to the Court of Sessions under Section 209 of the said Code ; or(d)make over the case for inquiry or trial under Section 192 of the said Code.
