(2) Any document purporting to be such an authorisation and complying with the provisions of sub
section (1), and any document purporting to be a certificate required by that sub section shall, unless the
contrary is proved, be presumed to be genuine, and shall be received in evidence.]
______
CHAPTER XVI
OF COMPLAINTS TO MAGISTRATES
200. Examination of complainant: 1* * *, a Magistrate taking cognizance of an offence on complaint
shall at once examine the complainant upon oath, and the substance of the examination shall be reduced to
writing and shall be signed by the complainant, and also by the Magistrate :
Provided as follows:_
(a) when the complaint is made in writing, nothing herein contained shall be deemed to require a
Magistrate to examine the complainant before transferring the case under section 192, 2[or
sending it to the Court of Session];
3[(aa) when the complaint is made in writing nothing herein contained shall be deemed to require
the examination of a complainant in any case in which the complaint has been made by a Court
or by a public servant acting or purporting to act in the discharge of his official duties;]
4* * * * *
(c) when the case has been transferred under section 192 and the Magistrate so transferring it has
already examined the complainant, the Magistrate to whom it is so transferred shall not be
bound to reexamine the complainant.
201. Procedure by Magistrate not competent to take cognizance of the case.__(1) If the complaint
has been made in writing to a Magistrate who is not competent to take cognizance of the case, he shall
return the complaint for presentation to the proper Court with an endorsement to that effect.
(2) If the complaint has not been made in writing, such Magistrate shall direct the complainant to the
proper Court.
[202. Postponement of issue of process.__(1) Any Court, on receipt of a complaint of an offence of
which it is authorised to take cognizance, or which has been sent to it under section 190, subsection (3), or
transferred to it under section 191 or section 192, may, if it thinks fit, for reasons to be recorded, postpone
the issue of process for compelling the attendance of the person complained against and either inquire into
the case itself or direct any inquiry or investigation to
5
1 The words and figures “Subject to the provisions of section 476” rep. by Act 18 of 1923, s. 54.
2 Added by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch.
3 Clause (aa) ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 54.
4 Clause (b) omitted by A.O. 1949, Sch.
5 Section 202 which was amended by Act 18 of 1923, s. 55, the Code of Criminal Procedure (Amdt.) Act, 1926 (2 of 1926) s.4, has been subs. by Ord. 12 of 1972 s.2 and Sch.
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