(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, 1 [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:
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.
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1. Ins. by Act 25 of 2005, s. 19
(w.e.f. 23-6-2006).
Code of Criminal Procedure (CrPC)
201 CrPC Procedure by Magistrate not competent to take cognizance of the case
202 CrPC Postponement of issue of process
203 CrPC Dismissal of complaint
205 CrPC Magistrate may dispense with personal attendance of accused
206 CrPC Special summons in cases of petty offence
207 CrPC Supply to the accused of copy of police report and other documents
209 CrPC Commitment of case to Court of Session when offence is triable exclusively by it