Criminal complaint before metropolitain magistrate

@ Querist ,

S. 190 runs as follows: 

90. Cognizance of offences by Magistrates.

(1) Subject to the provisions of this Chapter, any Magistrate of the first class, specially empowered in this behalf under sub- section (2), may take cognizance of any offence-

(a) Upon receiving a complaint of facts which constitute such offence;

(b) Upon it police report of such facts;

(c) Upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.

                         THe investigation procedure depends upon the discretionary power of the Magistrate.. Usually it wil be directed to the concerned police station / station House officer, and that report must be submitted within the stipulated time in the Couet

ALL THE BEST.

ADV. ARCHANA SHANKAR

If you have filed a complaint case u/s 190 r/w 200 - the court would first examine you (and any witnesses that seek to depose for you) and then decide as to whether to proceed further to issue process (summon or warrant the accused) or order investigation - which would be in 202 and not 156(3). As aforesaid it depends on his discretion. 

Good Luck !

Bharat Chugh

www.facebook.com/AdvocateBharatChughOnTheLawsOfIndia