Cr.P.C. clothes a Magistrate to do so. It is true that
barring Sec. 204 (1) Cr.P.C., Sec. 203 Cr.P.C ... 202
Cr.P.C. is different from the investigation under
Chapter XII of Cr.P.C . The embargo under
Section 162 Cr.P.C. against
Cheema is in terms of Section 200 Cr.P.C. This Section (200 Cr.P.C .) provides for examination of the complainants and the witnesses ... witnesses under Section 200 Cr.P.C. The examination of the complainant and witnesses as envisaged under Section 200 Cr.P.C
then Section 203 Cr.P.C.
has already been over and the Magistrate has proceeded further to Section
204 Cr.P.C ... under the Cr.P.C . in view of the provisions of Sections 251
and 254 read with Section 273 Cr.P.C. However, the accused
from the enquiry under Section 200 Cr.P.C and also referred to
Section 460 of the Cr.P.C which lays down the irregularity ... Cr.P.C but also of the
provisions under Section 210 of the Cr.P.C. Thus, the provisions of Section
465 Cr.P.C
Cr.P.C . is different from the power to direct
investigation conferred by 202(1) Cr.P.C . The relevant observations are
reproduced as follows ... Cr.P.C. was considered in
context to the power to order investigation u/s 156(3) Cr.P.C. and Section
202 Cr.P
Proviso to sub‐section (2) of section 202 Cr.P.C., reads as follows :
"202. (1) ......................
(2) In an inquiry under sub‐section ... section 202 Cr.P.C., in cases where the
allegations in the complaint and initial depositions recorded under section 200
Cr.P.C. leave
Cr.P.C can
be challenged by way of a petition under Section 482 of Cr.P.C, then or-
der passed under section 202 ... after taking cognizance under Section 190 Cr.P.C, 1973 af-
ter examining the complaint under section 200 Cr.P.C , 1973 passed an
order
Magistrate will proceed under section 204 Cr.P.C. otherwise will reject the complaint under section 203 Cr.P.C., if it was found ... direction issued under section 156(3) Cr.P.C. The direction under section 156(3) Cr.P.C. is just to remind the police
Section 190(i)(a) , Cr.P.C. before a Magistrate; or (ii) when it is transferred to him under Section 192 , Cr.P.C ... Section 202(1) .
14. Proviso to sub-section (2) of Section 202 cannot be read as a proviso to sub-section (1) of that section
affidavits under Section 145 Cr.P.C in lieu of sworn statement
under Section 200 Cr.P.C. No enquiry under Section 202 Cr.P ... 202 Cr.P.C as the requisite satisfaction can be
entertained at the end of the enquiry under S.200
Cr.P.C itself
