Gujarat High Court Criminal Manual (subordinate court practice), 1977
[Content of Section 214 not fully visible on this page - this is an amendment slip indicating substitution of existing paragraph] (b) he is of opinion, for the reasons to be recorded, that he should so proceed or to commit without being moved thereto by such authority. (2) When the Magistrate has been informed under sub-rule (1) that the accused has not been tried or other effectual proceedings have not been taken or ordered to be taken against him, the Magistrate shall report the circumstances to the State Government which may, in consultation with the Central Government, take appropriate steps to ensure that the accused person is dealt with in accordance with law. (3) 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 Forces of the Union for the time being in force has committed an offence, precinct 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 proceedings against such person before the Court-martial if since instituted, and to make a reference to the Central Government for a determination as to the Court before which proceedings should be instituted. (9) Where a person subject to military, naval or air force law, or any other law relating to the Armed Forces of the Union for the time being in force has committed an offence which in the opinion of competent military, naval or air force authority, as the case may be, ought to be tried by a Magistrate in accordance with the Civil law in force or where the Central Government has, on a reference mentioned in rule 8 decided that proceedings against such person should be instituted before a Magistrate, the commanding Officer of such person shall after giving a written notice to the Magistrate concerned deliver such person under proper escort to that Magistrate.