Article 109 — Framing, filing and service of the charge.

(I) The public prosecutor shall within fifteen days of the receipt of the police report (Art. 31) or the record of a preliminary inquiry (Art. 91) frame such charge as he thinks fit, having regard to the police investigation or preli- minary inquiry, and shall file it in the court having jurisdiction. (2) If, before the trial by the High Court, the prosecutor is of opinion upon the record of the preliminary inquiry received by him that ~he case is one which is to be tried by a subordinate court, he shall, notwithstanding the decision of the committing court, frame such charge as he thinks fit and shall file it in the subordinate court having jurisdiction. (3) Where the preliminary inquiry discloses offences some of which are to be tried by the High Court and some by a subordinate court, the prosecutor shall frame such charges as he thinks fit and shall file them in the High Court which shall have jurisdiction to try all offences thus charged. (4) A copy of every charge shall be given to the accused free of cost.