Section 476 in The Code of Criminal Procedure, 1989 (1933 A. D.)
476. Procedure in cases mentioned in section 195.
(1)When any Civil, Revenue or Criminal Court is, whether on application, made to it in this behalf or otherwise, of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in section 195, sub-section (1), clause (b) or clause (c), which appears to have been committed in or in relation to a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary, record a finding to that effect and make a complaint thereof in writing signed by the presiding officer of the Court, and shall forward the same to Magistrate of the first class having jurisdiction, and may take sufficient security for the appearance of the accused before such Magistrate or if the alleged offence is non-bailable may, if it thinks necessary so to do, send the accused in custody to such Magistrate, and may bind over any person to appear and give evidence before such Magistrate :Provided that, where the Court making the complaint is the High Court, the complaint may be signed by such officer of the Court as the Court may appoint.["Provided further that in any other case, by the Presiding Officer, of that court or by such officer of the court as that court may authorize in writing in this behalf".] [Inserted by Act IX of 2007, Section 8.](2)Such Magistrate shall thereupon proceed according to law and as upon complaint made under section 200.(3)Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceedings out of which the matter has arisen, he may, if he thinks fit, at any stage adjourn the hearing of the case until such appeal is decided.
