CHANDIGARH: The Punjab and Haryana high court has made it clear that the stage of making an option to try an Army man in a criminal case by a court martial (military court) or by a criminal court is after the filing of the charge sheet and before taking cognizance or framing of the charges.
“It is only when the police have completed the investigation and submitted the charge-sheet that provisions of the rules (related to jurisdiction of trial) can be invoked and not at the stage when investigations have set into motion,” the HC has held.