Section 87(8) in Criminal Rules of Practice and Circular Orders, 1990
(8)Notwithstanding anything in the foregoing rules, where it comes to the notice of a Magistrate that a person subject to Military, Naval or Air Force Law, or any other law relating to the Armed Force of the Union for the time being in force has committed an offence, proceedings in respect of which ought to be instituted before him and that the presence of such person cannot be procured except through Military, Naval or Air Force authorities, the Magistrate may by a written notice require the Commanding Officer of such person either to deliver such person to a Magistrate to be named in the said notice for being proceeded against according to law, or to stay the proceeding against such person before the Court Martial if since instituted, and to make a reference to the Central Government for determination as to the Court before which proceedings should be instituted.
