122. A
Bonds for Attendance of Accused and Witnesses.
(1)
If under the provisions of section 122 (3) the Magistrate fixes a date for an inquiry
or trial the officer in charge of the police station shall subject to any orders or
directions of Magistrate :(a) require the complainant if any and all persons likely to be required as
witnesses to execute bonds without sureties to appear before the Magistrate as
thereby directed and to prosecute or give evidence as the case may be in the
matter of the inquiry or trial;
(b) arrange for the accused whether in custody or on bail to be before the
Magistrate on the date fixed for the inquiry or trial.
(2)
(3)
A copy of each bond executed under sub-section (1) of this section shall be handed
to one of the persons executing the same and the originals shall be forwarded to the
Magistrate for filing with the Case Diary.
If any person required to execute a bond under this section refuses to do so, he may
be forwarded to the Magistrate who may order his detention until he executes the
bond or until the hearing of the case is concluded.
Note: For form of bond to prosecute or give evidence see Schedule 111, 21.
122. B
Application to and directions by Magistrate in the course of investigation.
(1)
The officer in charge of a police station may at any stage in the course of an
investigation under section 112 submit the Case Diary to a Magistrate in order to
receive directions as to the further conduct of the investigation.
(2) Any Magistrate of the first or second class and any confirming or appellate authority
may at any time during the course of the investigation order the immediate
submission of the Case Diary either to himself or to any Magistrate subordinate to
him.
(3) The Attorney General may at any time during the course of the investigation order
the immediate submission of the Case Diary either to himself or to any of his
subordinate legal staff.
122. C
Procedure in cases where the police may not arrest without a warrant.
(1) When any information is received by an officer in charge of a police station of facts
pointing to the commission of an offence for which the police may not arrest without
a warrant he shall enter the substance of the information in the Register of
Informations and either in a First Information Report or in such other report as may
be prescribed in respect of such offence and thereupon refer the information, if other
than a public servant acting in the exercise of his public duties, and send the First
Information Report or such other report to the proper Magistrate, and the Magistrate
on receipt thereof shall give such orders and directions as he considers necessary:
Provided that if the officer is satisfied that no public interest will be served by a
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