92 Laws of Malaysia Act 593 produced before the diplomatic officer in or for the territory in which the offence is alleged to have been committed shall be received as evidence by the Court holding the inquiry or trial in any case in which the Court might issue a commission for taking evidence as to the matter to which the depositions or exhibits relate. Conditions Requisite for Initiation of Proceedings Cognizance of offences by Magistrates 128. (1) Subject to this Code, a Magistrate may take cognizance of an offence— (a) upon receiving a complaint as defined by this Code; (b) upon his own knowledge or suspicion that an offence has been committed; (c) whenever it appears to the Public Prosecutor that an offence has been committed and he, by warrant under his hand, requires a Magistrate to inquire into the offence and that Magistrate receives the warrant; (d) on any person being brought before him in custody without process accused of having committed an offence which the Magistrate has jurisdiction to try. (2) When a Magistrate takes cognizance of an offence under paragraph (b) the accused or, when there are several persons accused, any one of them shall be entitled to require that the case shall not be tried by that Magistrate but shall be tried by another Magistrate. Sanction required for prosecution for certain offences 129. (1) Except in the case of complaints laid by the Public Prosecutor no Court shall take cognizance— (a) of any offence punishable under sections 172 to 188 of the Penal Code except with the previous sanction of the Public Prosecutor or on the complaint of the public servant concerned or of some public servant to whom he is subordinate;