THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA 461
C IVIL P ROCEDURE C ODE C RIMINAL P ROCEDURE C ODE
Section 436 — contd.
any complaint which has been dismissed under section 203 or sub-section (3) of section 204, or into the case of any person accused of an offence who has been discharged :
Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.
Section 437
When, on examining the record of any case under section
435 or otherwise, the Sessions Judge or District Magistrate considers that such case is triable exclusively by the Court of Seession and that an accused person has been improperly discharged by the inferior Court, the Sessions Judge or District Magistrate, may cause him to be arrested,-and may thereupon, instead of directing a fresh inquiry, order him to be committed for trial