I have file the complaint under section 190 read with 200 of CrPC and I request orally with magistrate to transfer the same to the concerned SHO for investigation
The magistrate first asked me whether I have file the FIR to the concerned PS which I declined
The magistrate informed me that in the absence of the application under section 156(3) he cannot order the investigation and give me next date of hearing for pre summoning evidence and examination of the complainant
Now i will like to adduce the application of 156(3) with main complaint
whether its necessary that one should exhaust his remedies before moving complaint to the magistrate or complainant can direct file the complaint to the magistrate? Any case law affirming the same?
whether application of 156(3) can be moved in between before the magistrate should take the cognizance of offense by examining the witnesses??