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State of Madhya Pradesh - Section

Section 113 in Criminal Courts - Rules and Orders

113. It should be borne in mind that in a non-congnizable case an enquiry or investigation by the police can only be ordered by a Magistrate of the first or second class who is not satisfied as to the truth of a complaint of an offence of which he is authorised to take cognizance. In petty cases of assault, hurt, insult, simple trespass and the like the complainant should be left to make out his own case, and if the Magistrate is not satisfied as to the truth of the complaint it is better that before issuing a process he should enquire into the case himself by requiring the complainant to produce some evidence in support of the charge, rather than that he should waste the time of a police officer by directing him to investigate the case.