Article 43 — Form of refusal.

(I) A refusal to institute proceedings under Art. 42 shall be in writing and shall record clearly the reasons for such refusal. (2) A copy thereof shall be sent to the a~propriate person mr>ntioned in Art. 47 and to the investigating police officer. An 44. ..- qfCi.t of refusal. (I) Where the public prosecutor refuses to institule proceedmgs under Art. 42 (II (a) in relation to an offence punishable on complain! only, he shall authorise in writing the appropriate person mentioned in Art. 47 to cpnduct a private prosecution. A copy of such authcrisation shall bt' sent to the cpurt having jurisdiction. (2) Where the public prosecutor refuses to institu!c proceedings under Art. 42 (I) (a) in relation to an offence which is not punishable On complaint only. the appropriate person mentioned in Art 47 may. within thirty days from having received the decision of the public: prosecutor. apply for an order that the public prosecutor institute proceedings. 4/"r. 45. - Form of and decision 11// application. (I) An applic"tiol1 under Art. 44 (2) shall be made to the court to which an 30 CRIMINAL PROCEDURE CODE appeal lies from decisions of the court which would have had jurisdiction, had proceedings been instituted. (2) The court Shall, after considering the refusal of the public prosecutor to institute proceedings under Art. 42 (I) (a) and the reasons therefor either confirm the decision of the public prosecutor or order him to institute proceedings: