Power of Director of Public Prosecutions in the event of discharge

(1) In every case in which an examining magistrate discharges a person accused before him of a crime or otherwise dismisses the information or charge against such person, it shall be lawful for the person who proffered the charge or at whose instance the investigation of the charge had been entered into, or for the Director of Public Prosecutions, to require the examining magistrate to transmit the information and all other evidence in the case to the (2) The examining magistrate shall forthwith comply with such requisition, and if the Director of Public Prosecutions, on considering the evidence so transmitted to him, is of the opinion that the magistrate should not have discharged the accused person or otherwise dismissed the information, he may– (a) apply to the court for a warrant for the arrest and committal for trial of the accused person and if the court is of opinion that the evidence as given before the examining magistrate was sufficient to place the accused person on trial, it shall be lawful for the court to issue a warrant for the arrest of the accused person and for his committal to prison there to be kept until discharged in due course of law, or give such directions regarding the release on bail of the person so arrested and every person so proceeded against shall be treated in the same and the like manner as if he had been committed for trial by the examining magistrate; or (b) remit the cause to the magistrate with directions to reopen the inquiry for the purpose of taking as evidence further written statements and with any other direction he thinks proper. The effect of such remission to the magistrate shall be that the inquiry shall be reopened and dealt with in all respects as if the accused person had not been discharged.