section 202
Postponement for issue of process
The Code of Criminal Procedure, 1989Chapter XVI OF COMPLAINTS TO MAGISTRATES
Postponement for issue of process.-(1) Any Magistrate, on receipt of a complaint of an offence of which he is authorized to take cognizance, or which has been transferred to him under section 192, may, if he thinks fit, for reasons to be recorded in writing, postpone the issue of process for compelling the attendance of the person complained against, and either inquire into the case himself, or, direct an inquiry or investigation to be made by any Magistrate subordinate to him, or by a police officer, or by such other person as he thinks fit for the purpose of ascertaining the truth or falsehood of the complaint: Provided that, save where the complaint has been made by a Court, no such direction shall be made unless the complainant has been examined on oath under the provisions of section 200.
- (2) If any inquiry or investigation under this section is made by a person not being a Magistrate or a police officer, such person shall exercise All the powers conferred by this Code on an officer-in-charge of a police station, except that he shall not have power to arrest without warrant.
- (3) Any Magistrate inquiring into a case under this section may, if he thinks fit, take evidence of witnesses on oath.
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