Sri Lanka Consolidated Acts

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Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 384

Procedure in cases mentioned in section 135 paragraphs (b) and (c)

387.
(1) When any civil or criminal court other than a Magistrate's Court is of opinion that there is ground for inquiring into any offence referred to in section 135 (1), paragraphs (b) and (c), committed before it or brought under its notice in the course of a judicial proceeding, such court may send the case for inquiry or trial to the nearest Magistrate's Court and may send the accused in custody or take sufficient security for his appearance before such Magistrate's Court and may bind over any person to appear and give evidence on such inquiry or trial, and such Magistrate's Court shall thereupon proceed according to law.
(2) Where the officer presiding in such court at the time the offence was committed before it or brought under its notice is also a Magistrate of the nearest Magistrate's Court he shall not try the accused, but shall either himself hold an inquiry under Chapter XV with a view to a committal for trial to the High Court or remand the accused or release him on bail to be tried by another Magistrate of such Magistrate's Court.
(3) In the case of a Magistrate's Court the Magistrate presiding in such court at the. time the offence was committed before it or brought under its notice may either himself hold an inquiry under Chapter XV with a view to committal for trial by the High Court or may remand the accused or release him on bail to be tried by another Magistrate of such Magistrate's Court.


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