Where, however, the court does not choose to proceed under the aforesaid provisions, it may proceed to make a complaint under Section 340, Cr.P.C., viz., after making a preliminary enquiry record a finding that it is expedient in the interests of justice that an inquiry should be made into the offence, make complaint thereof in writing, send it to a Magistrate of the first class having jurisdiction, take sufficient security for the appearance of the accused before such Magistrate and bind over any person to appear and give evidence before which Magistrate. [Section 344 (3)] Where after any action is initiated under Section 344 (1), it is made to appear to the court of session or the Magistrate of the first class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision.

[Section 344 (4)]

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