Examination of complainant, Procedure by Magistrate not competent to take cognizance of the case, Postponement of issue of process and Dismissal of complaint are defined under Section 200, 201, 202 and 203 of CRPC 1973. Provisions under these sections are:
Section 200 of CRPC "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-
(a) if a public servant acting or purporting to act
in the discharge of his official duties or a Court has made the
complainant; or
(b) 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.
Section 201 of CRPC "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, -
(a) if the complaint is in writing, return it for
presentation to the proper Court with an endorsement
to that effect;
(b) if the complaint is not in writing, direct the
complainant to the proper Court.
Section 202 of CRPC "Postponement of issue of process"
(1) Any Magistrate , on receipt of a complaint of
an offence of which he is authorised to take
cognizance or which has been made over to him under
section 192, may, if he thinks fit, 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:
Provided that no such direction for investigation
shall be made, -
(a) where it appears to the Magistrate that the
offence complained of is triable exclusively by the
Court of Session; or
(b) where the complaint has not been made by a
Court, unless the complainant and the witnesses
present (if any) have been examined on oath under
section 200.
(2) In an inquiry under sub-section (1), the
Magistrate may, if he thinks fit, take evidence of
witnesses on oath:
Provided that if it appears to the Magistrate that
the offence complained of is triable exclusively by
the Court of Session, he shall call upon the
complainant to produce all his witnesses and examine
them on oath.
(3) If an investigation under sub-section (1) is
made by a person not being a police officer, he
shall have for that investigation all the powers
conferred by this Code on an officer in charge of a
police station except the power to arrest without
warrant.
Section 203 of CRPC "Dismissal of complaint"
If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 202, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing.
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDING
What is Prosecution of Judges and public servants? Section 197 of Code of Criminal Procedure 1973
What is Prosecution for offences against marriage? Section 198 of Code of Criminal Procedure 1973
COMPLAINTS TO MAGISTRATES