Amendment

Dear querist, I think you have aleady engaged an advocate.  so follow his advise.

Such Replies as the one given by Shri KAVK Satyanarayana are to be deprecated. Criminal Miscellaneous Petition is better but silence won't be fatal. Magistrate has the power to reject any Section proposed by the Complainant or adopt a Section suo motu. Crl.M.P. under which Section? Under that Section that's going to be suggested.