Cap. 9 Art. 403When court is of opinion that offenceistriable by the Court of Magistrates as courtofcriminal judicature.

(1) If, on the conclusion of the inquiry, it appears to the court that the offence is not one within the jurisdiction of the

Criminal Court but is one within the jurisdiction of the Court of

Magistrates as court of criminal judicature and for the prosecution of which the complaint of the injured party is not required, the court conducting the inquiry shall give judgment as provided in article 377 and shall order that the record, together with a copy of the judgment, be transmitted to the Attorney General, as provided in article 401(3).

(2) The provisions of sub-article (1) shall apply also in the case where the offence is one triable on the complaint of the injured party and such party does not appear to waive the complaint.