Whether it is neccessary for the complainant to file police complaint before filing complaint case u/s 200 Cr.P.C. before the Magistrate ?
Here the Complainant is not looking for Police FIR thus does not want magistrate to invoke the provisions of 156(3) Cr.P.C.
Magistrate is of the view that before filing any complaint case its mandatory to file police complainant so that its his discretion to whether to invoke provisions of 156(3) Cr.P.C or 200 Cr.P.C and it is not upto complainant whether he choose to go for FIR or Complainant case u/s 200 Cr.P.C.
Please guide with some case laws where power of Magistrate u/s 200 is independent power to proceed without police complainant and there is no need to file police complainant before proceeding with complainant under provisions of 200-204 Cr.P.C.