Cognizance of offences

All offences under this Act shall be cognizable: Provided secondly that if on receiving an information of the commission of an offence under this Act an officer specified under this section apprehends that delay may result in disappearance of material piece of evidence, he may forthwith direct an Executive Magistrate subordinate to him to proceed to collect the evidence or ensure against disappearance of the facts relating thereto and facts shall forthwith be reported by such Executive Magistrate to the Committing Magistrate having jurisdiction and also to the officer specified under this section. Provided further that the State Government may, at any time for the purpose of satisfying itself as to the propriety of any order passed by the Commissioner of the Division as prescribed authority either on its own motion or on reference made by the prescribed authority shall call for and examine the record of any case pending before or disposed of by such authority and may pass such order in reference thereto as it thinks fit. Provided thirdly that no direction shall be issued under this section against a member of the judicial service of the State save with the prior concurrence of the High Court: Provided fourthly that if the court while discharging or acquitting the accused finds that any officer while giving directions under this section or while granting sanction under section 197 of the Code of Criminal Procedure, 1973 (No. 2 of 1974), acted maliciously without just cause or excuse, he shall be prosecuted according to law for an offence punishable under section 182 or 211 of the Indian Penal Code, as the case may be.