Prima facie test governs cognizance in sessions-triable complaints; all cited witnesses need not be examined before process issues.

In a sessions-triable complaint case, the proviso to Section 202(2) does not make examination of every witness named by the complainant a condition precedent to cognizance or issuance of process. The Magistrate's pre-process function remains confined to a prima facie assessment of whether sufficient ground exists for proceeding, and the complainant may rely on only those witnesses treated as material. Non-examination of some cited witnesses, by itself, does not vitiate the proceedings or deprive the Magistrate of jurisdiction; any prejudice from non-compliance is to be examined later, including under Section 465.

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Issues: Whether examination of all witnesses cited by the complainant under the proviso to Section 202(2) of the Code of Criminal Procedure is a condition precedent for a Magistrate to take cognizance and issue process in a case triable exclusively by the Court of Session.

Analysis: The procedural scheme under Sections 200, 202, 203, 204, 208 and 209 of the Code of Criminal Procedure shows that the Magistrate's task at the pre-process stage is limited to determining whether there is sufficient ground for proceeding, meaning whether a prima facie case exists. The proviso to Section 202(2) requires the complainant to produce all his witnesses in a sessions-triable complaint case, but the word "all" is qualified by "his", indicating that the complainant is not compelled to examine every named witness if he chooses to rely on only those considered material. The non-examination of some witnesses does not by itself deprive the Magistrate of jurisdiction to take cognizance or issue process, especially where the Magistrate is otherwise satisfied that a prima facie case is made out. Any prejudice from non-compliance is to be considered at the appropriate later stage and in the light of Section 465.

Conclusion: Examination of all witnesses cited in the complaint is not a condition precedent for taking cognizance or issuing process, and non-compliance with the proviso to Section 202(2) does not by itself vitiate the proceedings.

Ratio Decidendi: The proviso to Section 202(2) is not an absolute bar to cognizance or issuance of process in a sessions-triable complaint case; the controlling test remains whether the Magistrate is satisfied that sufficient ground for proceeding exists on a prima facie assessment.

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