law: Code of Criminal Procedure Act, 1973
  
  202.Postponement of issue of process.-
  (1) Any Magistrate , on receipt of a complaint
  
  of an offence of which he is authorized to take cognizance or which has been
  
  made over to him under section 192, may, if he thinks fit, 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.
  (2) In an inquiry under sub-section (1), the
  
  Magistrate may, if he thinks fit, take evidence of witnesses on oath:
  
  Provided that if it appears to the Magistrate that the offence
  
  complained of is triable exclusively by the Court of Session, he shall call
  
  upon the complainant to produce all his witnesses and examine them on oath.
  (3) If an investigation under sub-section (1) is made by a person not being a
  
  police officer, he shall have for that investigation all the powers conferred
  
  by this Code on an officer in charge of a police station except the power to
  
  arrest without warrant.