Forward complaint

yes, he can

Why not???

Yes, a magistrate can if he chooses to do so.

friends 

              i now understand that the complaint cannot be forwarded to any police it can be complied as per section 201& 209 of Cr.P.C, so hope it can be commited to session court ... if any interpretation welcome 

so waiting replies from experts about this ....

thanks in advance

CJM is empowered to refer it to police even if the crime is triable by session court exclusively.

 

Dear Vijairajesh You can read section 193 Crpc 193. Cognizance of offences by Courts of Session. Except as otherwise expressly provided by this Code or by any other law for the time being in force, no court of Session shall take cognizance of any offence as a court of original jurisdiction unless the case has been committed to it by a Magistrate under this code.

202. Postponement of issue of process. (1) Any Magistrate, on receipt of a complaint of an offence which he is authorised 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 Sessions 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 witness 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 Court on an offer in charge of a police station except the power to arrest without warrant. 09. Commitment of case to Court of Session when offence is triable exclusively by it. When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall- 1[(a) Commit, after Complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this code relating to bail, remand the accused the custody until Such commitment has been made;] (b) Subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial; (c) Send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence; (d) Notify the Public Prosecutor of the commitment of the case to the Court of Session. 1. Subs. by Act 45 of 1978. sec. 19, for clause (a) (18-12-1978). STATE AMENDMENTS GUJARAT: In section 209 for clause (a), the following clause shall he substituted. Namely. "(a) Commit the case, after complying with the provisions of' section 207 or section 208, as the case may be, to the Court of Session and, subject to the, provisions of this code relating to bail, remand the accused to custody until such commitment has been made." [Vide president's Act 30 of 1976, sec. 2 (w.e.f. 7-7-1976)]. UTTAR PRADESH: In section 209 for clauses (a) and (b), the following clauses shall be substituted be deemed always to have been substituted, namely. "(a) As soon as may be after complying with the provisions of section 207, commit the case to Court of Session; (b) Subject to the provisions of the Code relating to bail, remand the accused to the custody until commitment of the case under clause (a) and thereafter during and until the conclusion of the trial." [Vide U.P Act 16 of 1976. sec. 6.]