121. Procedure when police consider investigation should be terminated Without inquiry or trial. If in the course of an investigation under section 112 it appears to the officer in charge of a police station by or under whom an investigation is being made that such investigation should be terminated without an inquiry or trial following he shall, after inferring in the Case Diary a summary of the case, submit it to a Magistrate who may order that the investigation be terminated or give such order as to the continuance of the investigation as he thinks fit and in either case order the release of any person under arrest in the investigation. Note: The provisions of this section are without prejudice to the power of the police to release an arrested person under section 42. 122. Procedure when police consider that investigation should be terminated upon inquiry or trial. (1) If in the course of an investigation under section 112 it appears to the officer in charge of a police station by or under whom an investigation is being made that such investigation discloses reasonable grounds of suspicion against any person of having committed an offence and that an inquiry or trial should begin he shall after entering in the Case Diary a summary of the case submit to a Magistrate competent under Chapter XV to take cognizance of the offence the Case Diary and the final Police Report. (2) The documents sent to a Magistrate under sub-section. (1) hereof shall be submitted through such officer of police as the Chief Inspector of Police shall direct and such officer may on receiving such documents instead of forwarding them to the Magistrate remit them to the officer in charge of the police station with directions for such further investigation as he considers necessary after recording such directions in the Case Diary but otherwise they shall be forwarded forthwith to the Magistrate. (3) If on receipt of the documents referred to in sub-section (1) of this section it appears to the Magistrate that he should begin any inquiry or trial he shall fix a day therefore and make any necessary orders and direct the officer in charge of the police station as to any action to be taken by him. (4) If on receipt of the documents referred to in sub-section (1) of this section it appears to the Magistrate that further investigation is necessary before the inquiry or trial is begun he shall give such directions as he shall think fit after entering the same in the Case Diary. 41