339. When Public Prosecutor may direct that accused person be discharged

When a copy of the record of any inquiry before a Magistrate’s Court has been transmitted to the Public Prosecutor as required by section 150, the Public Prosecutor, if he is of opinion that no further proceedings should be taken in the case, may make an order in writing, signed by himself, directing the accused person to be discharged from the matter of the charge and, if the accused person is in custody, from further detention upon the charge.

The Public Prosecutor shall send such order to the Magistrate’s Court by which the accused was committed or held to bail and thereupon that Court shall cause the accused to be brought before it and discharged and shall record the order and the discharge made on it upon the proceedings.

The powers given to the Public Prosecutor by this section shall be exercised only by the Attorney-General or the Solicitor-General.[338