Chapter VIII - RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY (From Section 111 to Section 124)
Postponement of process: magistrates may defer issuing process and order inquiry or investigation to test sufficiency. A Magistrate may postpone issuing process and either inquire personally or direct an investigation to determine if there is sufficient ground to proceed, mandatory when the accused resides beyond the Magistrate's jurisdiction. Investigation directions are precluded if the offence is triable exclusively by the Court of Session or if the complaint is non court made and the complainant and present witnesses have not been examined on oath. The Magistrate may take witness evidence on oath and must summon and examine all complainant witnesses where session trial exclusivity appears. Non police investigators receive police station powers except arrest without warrant.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Postponement of process: magistrates may defer issuing process and order inquiry or investigation to test sufficiency.
A Magistrate may postpone issuing process and either inquire personally or direct an investigation to determine if there is sufficient ground to proceed, mandatory when the accused resides beyond the Magistrate's jurisdiction. Investigation directions are precluded if the offence is triable exclusively by the Court of Session or if the complaint is non court made and the complainant and present witnesses have not been examined on oath. The Magistrate may take witness evidence on oath and must summon and examine all complainant witnesses where session trial exclusivity appears. Non police investigators receive police station powers except arrest without warrant.
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