https://www.taxtmi.com/caselaws?id=169755 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. en-us Tue, 06 Jul 2010 00:00:00 +0530 Fri, 30 Oct 2015 19:18:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=169755 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. Case-Laws Indian Laws Tue, 06 Jul 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=169755