Section 44, The Criminal Procedure Act, 2024

Where, in a criminal case, before evidence is taken, a personhaving the conduct of the prosecution or the defence, notifies the Court before which the case is pending, of his intention to make an application under section 42, in respect of the case, the Court shall adjourn the case to such a date as will afford a reasonable time for the application being made and an order being obtained thereon, before the defendant is called upon for his defence. CONDUCT OF CRIMINAL PROCEEDINGS.