111. The examination of a complaint should not be a mere formality. He should be examined intelligently and in such a manner as to enable the Magistrate to determine whether there is prima facie sufficient ground for proceeding. Magistrates should also bear in mind the provisions of Section 95 of the Indian Penal Code and apply them reasonably to the complaints before them with reference to the position in life of the parties concerned and the habits of the class to which they belong. They should also bear in mind the provisions of Section 203 of the Code which lays down that the Magistrate before whom a complaint is made or to whom it has been transferred may dismiss the complaint if, after considering the statement on oath (if any) of the complainant and the result of the investigation or enquiry (if any) under Section 202, there is in his judgement no sufficient ground for proceeding.
