Section 202(1) in The Code of Criminal Procedure, 1973
(1)Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192 may, if he thinks fit, [and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction] [Inserted by Act 25 of 2005, Section 19 (w.e.f. 23-6-2006).] postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding :Provided that no such direction for investigation shall be made, -(a)where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or(b)where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.
