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 complaint; 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.
Code of Criminal Procedure (CrPC)
191 CrPC Transfer on application of the accused
192 CrPC Making over of cases to Magistrates
193 CrPC Cognizance of offences by Courts of Session
194 CrPC Additional and Assistant Sessions Judges to try cases made over to them
195A CrPC Procedure for witnesses in case of threatening, etc
197 CrPC Prosecution of Judges and public servants
198 CrPC Prosecution for offences against marriage
198A CrPC Prosecution of offences under section 498A of the Indian Penal Code
198B CrPC Cognizance of offence