Description

When, upon an application made to it or otherwise, any Court is of the opinion that it is expedient in the interest of justice to investigate any offence referred to in clause (b) of Sub-Section (1) of section 195, which appears to have been committed in relation to a proceeding in that Court, or regarding a document produced or given as evidence in a proceeding in that Court, the Court may, after conducting any preliminary inquiry it deems necessary:

1. Record a finding to that effect;
2. File a written complaint about the offence;
3. Send the complaint to a Magistrate of the first class having jurisdiction;
4. Take sufficient security for the accused's appearance before such Magistrate; or, if the alleged offence is non-bailable and the Court deems it necessary, send the accused in custody to the Magistrate;
5. Bind over any person to appear and give evidence before such Magistrate.

The power conferred on a Court under Sub-Section (1) may, in any case where the Court has neither filed a complaint under Sub-Section (1) nor rejected an application for making such a complaint, be exercised by the Court to which the former Court is subordinate under Sub-Section (4) of section 195.

A complaint made under this section shall be signed:

1. Where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;
2. In any other case, by the presiding officer of the Court or by any officer of the Court authorized in writing for this purpose.

For the purposes of this section, "Court" has the same meaning as in section 195.