Mandatory witness list under Section 204(2) CrPC is required before summons; non-compliance vitiates process.

Issuance of summons was held vitiated because the complainant had not complied with the mandatory condition in Section 204(2) CrPC to file a list of prosecution witnesses before process was issued. In the absence of such a list, or a memo stating that only the complainant would be examined, the statutory precondition for taking cognizance and issuing summons was not satisfied. The summons order was set aside and the matter remitted to the Magistrate for fresh consideration after compliance.

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Issues: Whether issuance of summons was vitiated for non-compliance with Section 204(2) of the Code of Criminal Procedure, 1973.

Analysis: Section 204(2) requires the complainant to file a list of prosecution witnesses before summons or warrant is issued. The absence of such a list, or of a memo stating that the complainant alone would be examined, meant that the statutory condition precedent to issuing process was not satisfied. The requirement was treated as mandatory and not curable at the stage of taking process.

Conclusion: The order issuing summons was set aside for breach of Section 204(2) of the Code of Criminal Procedure, 1973, and the matter was remitted to the Magistrate for fresh consideration after compliance.

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