Section 31
Matters Related To Cases Other Than Stipulated In Schedule 1 Or 2
31. Matters related to cases other than stipulated in Schedule 1 or 2:
In the cases to be filed by the Government of Nepal, except the cases stipulated in Schedule 1 or 2, if any Officer has been designated by the Government of Nepal or by law to file a case or to collect evidence, then through that Officer, and if no such prescription has been made, the concerned Office in-charge shall collect the evidences and produce to the Government Attorney the file and evidence with his/her opinion considering the limitation to file law suit (Firad Patra) or charge sheet for a decision whether to file a case or not.
(2) Sub-Section (2)of Section 17 of this Act shall be applicable to make a decision whether to file a case or not on the basis of the file received pursuant to
Sub-Section (1).
(3) After receiving the file pursuant to Sub-Section (1), the decision whether to file a case or not shall be made, and if a case is to be filed, the received file shall
be returned within the period not exceeding the time period to file a case, clearly mentioning under which law, who shall be prosecuted under which charge.
(4) After receiving a decision to file a case from the Government Attorney pursuant to Sub-Section (3), charge sheet or law suit (Firad Patra) shall be prepared
and get it signed by the person designated by the prevailing laws and if there is any detainee, s/he shall be produced before the court and the case shall be filed within time period; and a duplicate copy of the file shall be made available to the Government Attorney.
(5) In case the Government Attorney decides not to file a case, the file shall be kept safe until the prescribed period.