CHAPTER XIV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

190. Cognizance of offences by Magistrates.–

(1) Subject to the provision of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specifically empowered in this behalf under sub-section (2), may take cognizance of any offence–
(a) upon receiving a complaint of facts which constitute such offence;
(b) upon a police report of such facts;
(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.
CHAPTER XV
COMPLAINTS TO MAGISTRATES

Sec.200: Examination of complainant
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate.
Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses.
If a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or
If the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192:
Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.

201. Procedure by Magistrate not competent to take cognizance of the case.–
If the complaint is made to a Magistrate who is not competent to take cognizance of the offence he shall
If the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect;
If the complaint is not in writing, direct the complainant to the proper Court.
Sec. 202 Postponement of issue of process:
Any Magistrate, on receipt of a complaint of an offence of which he is authorized to take cognizance or which has been made over to him under section 192, may, if he thinks fit [and shall in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction], postpone the issue of process against the accused and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, For the purpose of deciding whether or not there is sufficient ground for proceeding:

 

 

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