Section 17
Submitting Report With Opinion
17. Submitting report with opinion:
(1) After the completion of the investigation of any crime stipulated in Schedule-1, if the investigating personnel finds that the crime had occurred, but deems the evidence insufficient to prosecute all or some accused, s/he shall explaining that, and if s/he does not find that the crime had taken place or though the crime had taken place, the accused could not be identified or the evidence are insufficient to prosecute any accused, s/he explaining that and with his/her opinion, if the case does not have any detainee then fifteen days before the limitation as per the concerned law, and if the detainee is there in the case, then taking into consideration the time needed to decide about whether the case is fit to be filed or not, and the time needed to prepare and file the charge sheet before the court, Submit the original and a copy of the file and material evidence to the Office of the Government Attorney.
(2) Having received the file with the opinion of the Police pursuant to Sub- Section (1) the Government Attorney shall study the documents and send them to
the Attorney general for final decision as to whether to file a case or not. Provided that, if the Attorney general has delegated the authority to the
Government Attorney pursuant to Clause (5) of the Article 110 of the Constitution, conferred to him/her by the Clause (2) of same Article, then the concerned
Government Attorney shall make decisions in accordance with the delegated authority.
(3) During the study of file to decide pursuant to Sub-Section (2) whether a case is fit to be filed or not, if the Government Attorney deems it necessity to collect
additional evidence or to inquire any person, then s/he may give direction to the investigating Police personnel to collect such evidence or to inquire with such
person. It shall be an obligation of the concerned Police personnel to abide by such direction.
(1) After the completion of the investigation of any crime stipulated in Schedule-1, if the investigating personnel finds that the crime had occurred, but deems the evidence insufficient to prosecute all or some accused, s/he shall explaining that, and if s/he does not find that the crime had taken place or though the crime had taken place, the accused could not be identified or the evidence are insufficient to prosecute any accused, s/he explaining that and with his/her opinion, if the case does not have any detainee then fifteen days before the limitation as per the concerned law, and if the detainee is there in the case, then taking into consideration the time needed to decide about whether the case is fit to be filed or not, and the time needed to prepare and file the charge sheet before the court, Submit the original and a copy of the file and material evidence to the Office of the Government Attorney.
(2) Having received the file with the opinion of the Police pursuant to Sub- Section (1) the Government Attorney shall study the documents and send them to
the Attorney general for final decision as to whether to file a case or not. Provided that, if the Attorney general has delegated the authority to the
Government Attorney pursuant to Clause (5) of the Article 110 of the Constitution, conferred to him/her by the Clause (2) of same Article, then the concerned
Government Attorney shall make decisions in accordance with the delegated authority.
(3) During the study of file to decide pursuant to Sub-Section (2) whether a case is fit to be filed or not, if the Government Attorney deems it necessity to collect
additional evidence or to inquire any person, then s/he may give direction to the investigating Police personnel to collect such evidence or to inquire with such
person. It shall be an obligation of the concerned Police personnel to abide by such direction.