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in cross-examining the prosecution witnesses. The court shall not ask the accused to reply, and before the court accepts the charge, the accused shall not be treated as such.
Section166.If the prosecutor fails to appear according to the schedule, the court shall dismiss his charge. But if the court finds that there is an appropriate ground for his failure to appear, it may order the case to be adjourned.
As regards a case in which the charge has been dismissed by the court in the said manner, if, within fifteen days counted from the day the court dismissed the charge, the prosecutor appears and submits a motion by which he successfully demonstrates to the court the appropriate ground for his failure to appear, the court shall take up the preliminary examination of the case again.
As regards a case in which the charge has been dismissed by the court in the said manner, the accused shall not be charged with the same matter again. But if the case so dismissed by the court was solely instituted by a citizen, it does not preclude the power of a public prosecutor to reinstitute such case, save where the case concerns a personal offence.
Section167.If the case appears to be well-founded, the court shall accept the charge for further trial in regard to the well-founded counts only. If the case is ill-founded, a judgment dismissing the charge shall be given.
