Sec 156(3) provides for a check by the magistrate on the police performing its duties. The power in the magistrate to order further investigation is an independent power. It doesn't effect the power of the investigation officer to further investigate the case.
Yes, under sec 200 of crpc it's a private complaint by a complainant. If a public servant purporting to denied in the discharge of his official duties. So here magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant.
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