Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1197

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1097

(2)order the alleged offender who has already been sent to the public prosecutor to be sent back together with the file to the inquiry official, who shall then attempt to settle the case, or, if found appropriate, order another empowered inquiry official to implement the settlement on his behalf.

Section145.In the event that an order of non-prosecution is given and such order does not belong to the Director General of the Public Prosecution Department, the inquiry file together with the order shall, if it be in the province of Phra Nakhon or Thon Buri, be sent with dispatch to the Director General of the Royal Siamese Police Department or Deputy Director General of the Royal Siamese Police Department or, if it be in a different province, be sent with dispatch to the commissioner of the province. But this does not preclude the power of a public prosecutor to proceed with the alleged offender according to the provisions of section 143.

In the event that the Deputy Director General of the Royal Siamese Police Department or Director General of the Royal Siamese Police Department, for the provinces of Phra Nakhon and Thon Buri, or the commissioner of the province, for a different province, dissents with the order of the public prosecutor, the file together with the dissenting opinion shall be sent to the Director General of the Public Prosecution Department for determination within a period of one month from the day of his receipt of the file. But if the case is going to be barred by limitation or there is another reason for which the case needs to be instituted instantly, the case shall be instituted in accordance with the opinion of the Deputy Director General of the Royal Siamese Police Department or Director General of the Royal Siamese Police Department or the commissioner of the province for the time being.