Page 69 of 82 (2) Only a Magistrate of the first class or a Metropolitan Magistrate or a court superior to such Magistrate shall be competent to take cognizance of an offence under this Act on the basis of a report of an Inspector or a person authorized by the Commission. Explanation.- Despite the fact that a person has not been sent by such Magistrate, the Court of Sessions may on the basis of that report or related information, take cognizance of an offence which appears to have been committed by that person. (3) Where the said court takes cognizance of an offence, it may take all actions in accordance with the Criminal Procedure Code for making the case ready for trial including issuance of summons or warrant arrest for appearance of the accused person in the court. 78. Lodgement of complaint and procedure of investigation.- (1) The Commission may authorize an Inspector or any other officer to investigate an offence specified in this Act or regulations. (2) The Inspector or the other officer, hereinafter referred to as the investigating officer, may, in view of a complaint of any person or other information, initiate proceedings under this section. (3) Before starting formal investigation of an offence, the investigating officer shall submit to the officer specified in this behalf by the Commission a preliminary report and the secondly mentioned officer shall, upon consideration of the relevant facts and circumstances, decide, within 7 days of the submission of the report, as to whether or not formal investigation or other action under this Act or regulations or no such action in relation to the matter will be expedient, and accordingly subsequent actions shall be taken. (4) Where a decision to initiate formal investigation is taken under sub- section (3), the investigating officer shall present to the concerned police station a copy of the said preliminary report which shall be recorded in the police station as an information relating to the offence. (5) The investigating officer shall, in relation to the investigation of an offence, be competent to exercise the same powers as the officer-in-charge of a police station can exercise. BTRC-TelecomLaw2001.doc 69 - 69 -