Criminal Procedure Code
95
(1a) Notwithstanding subsection (1), the Public Prosecutor may
at any stage of the examination direct the police to investigate
the offence complained of and to report thereon to the Public
Prosecutor.
(1b) If the Public Prosecutor directs the police to investigate
the offence complained of, the Magistrate shall not proceed with
the examination of the complainant.
(2) This section shall not apply to a complaint of an offence
where a summons is applied for in a summons case made by a
police officer, public officer or public servant acting in his official
capacity.
Postponement of issue of process
134. (1) If the Magistrate sees reason to doubt the truth of
a complaint of an offence of which he is authorized to take
cognizance he may, when the complainant has been examined,
record his reason for doubting the truth of the complaint and may
then postpone the issue of process for compelling the attendance
of the person complained against and either inquire into the case
himself or direct some police officer to make inquiries for the
purpose of ascertaining the truth or falsehood of the complaint
and report to him and to the Public Prosecutor the result of those
inquiries.
(2) If the Magistrate decides to inquire into the case himself
in accordance with subsection (1), the Magistrate shall serve on
the Public Prosecutor a notice in writing at least seven clear days
before the date of the inquiry and the Public Prosecutor may
appear and assist the Magistrate in such inquiry.
Dismissal of complaint
135. (1) The Magistrate before whom a complaint is made
may dismiss the complaint if after examining the complainant
and recording his examination and considering the result of the
inquiry, if any, made under section 134, there is in his judgment
no sufficient ground for proceeding.
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