(1) After the completion of
investigation made into any offence under Schedule-1 or Schedule-2,
the investigating authority shall prepare an investigation report, in
the form referred to in Schedule-19, accompanied by the originals
and duplicates of the documents, and exhibits and evidence
contained in the case-file, setting out under which law any or all of
the persons suspected of committing the offence shall be punishable
if it appears that there is sufficient evidence to make indictment
against such accused, and setting out the relevant matter if it appears
that the offence has not been committed or in spite of the
commission of the offence, the accused cannot be traced out or that
there is no sufficient evidence to make indictment against any
accused, and send such report to the concerned government attorney
office.
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(2) The report referred to in sub-section (1) shall be sent at
least fifteen days in advance of the expiry of the statute of limitation
under the relevant law in relation to a case not involving a detainee,
and normally three days in advance of the day for filing a case, also
having regard to the time required to make decision of whether or
not to institute the case and the time required for preparing a charge
sheet and filing it in the court, in relation to a case involving a
detainee.
(3) Upon receipt of the case-file, together with the
investigation report pursuant to sub-section (1), the concerned
government attorney office shall study the case-file, evaluate the
proofs and evidence collected in the course of investigation, and send
it to the Attorney General for decision to or not to institute the case.
Provided that where the Attorney General has delegated his or
her power to decide to or not to institute the case to the subordinate
officer, such case-file shall be sent to the concerned officer.
Explanation: For the purposes of this Section, the term
'subordinate officer' means the government attorneys under the
Attorney General, and this term also includes, unless otherwise
provided in the Constitution, any such officer or employee of the
Government of Nepal as authorized by the Attorney General to
institute any other case involving the Government of Nepal as the
plaintiff.
(4) If, in studying a case-file in connection with making
decision of whether or not to institute a case pursuant to sub-section
(3), the government attorney deems it necessary to collect further
proof and evidence or conduct further investigation or make further
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interrogation with any person, the government attorney may direct
the investigating authority to collect such proof and evidence or
conduct such further investigation or make interrogation with such
person and send the same.
(5) If the government attorney gives direction to conduct
further investigation into the offence pursuant to sub-section (4), the
investigating authority shall complete further investigation within
fifteen days of the date of receipt of such direction.
(6) If the investigating authority thinks that further
investigation referred to in sub-section (5) cannot be completed
within the time specified in that sub-section and any person is held in
detention, the investigating authority may release such person on
recognizance, with or without taking guarantee undertaken by a
reliable person.
(7) If the investigating authority submits a report,
accompanied by the reason, to the government attorney under this
Section that a case cannot be instituted against any person, and any
person is held in detention in the course of investigation, the
investigating authority shall keep holding such person in detention
until the government attorney makes decision to or not to institute
the case.
(8) Notwithstanding anything contained elsewhere in this
Chapter, where decision has been made not to institute a case on any
offence set forth in Schedule-1 because of the absence of evidence
but any significant evidence is obtained subsequently, investigation
into such offence may be conducted again and the charge sheet may
be filed.
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