The code of criminal procedure defines the term ‘complaint’ as any allegation made orally or in writing to a Magistrate. It’s done with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offense, but does not include a police report.

When the Magistrate issued the process against the accused, he cannot take it back. The Code of Criminal Procedure does not provide the power of review so the Magistrate could not review its process or cancel the summon or warrant.

A magistrate on receiving the complaint may not take cognizance of the offene complained of He may or may  not take cognizance of the offense complained of.  He may look into the complaint and send it to the police for investigation under Sec. 156(3) of CR.P.C.

A Magistrate with whom a complaint is filed, shall examine the complainant and also witnesses on oath. The contents in the compliant shall also examined and reduced in writing in a report. The report shall have signature of complainant, witnesses and also the Magistrate. Provided that, when the complaint made in writing, the Magistrate need not examine the complainant and the witnesses:

• if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or
• if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192:

Provided further that if the Magistrate transfers the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.