https://www.taxtmi.com/caselaws?id=198335 In a complaint case triable exclusively by the Sessions Court, the proviso to Section 202(2) of the Code is mandatory once the Magistrate undertakes an inquiry and examines witnesses, requiring the complainant to produce all witnesses. Non-compliance, however, does not automatically vitiate committal or later proceedings unless prejudice or failure of justice is shown. A belated objection to the committal irregularity, raised only after the trial had substantially progressed and evidence was recorded, could not be entertained under Section 465 in the absence of demonstrated prejudice. The matter was directed to proceed from the stage already reached and be decided on merits. en-us Mon, 10 Jan 2000 00:00:00 +0530 Mon, 29 Jan 2018 15:58:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=198335 In a complaint case triable exclusively by the Sessions Court, the proviso to Section 202(2) of the Code is mandatory once the Magistrate undertakes an inquiry and examines witnesses, requiring the complainant to produce all witnesses. Non-compliance, however, does not automatically vitiate committal or later proceedings unless prejudice or failure of justice is shown. A belated objection to the committal irregularity, raised only after the trial had substantially progressed and evidence was recorded, could not be entertained under Section 465 in the absence of demonstrated prejudice. The matter was directed to proceed from the stage already reached and be decided on merits. Case-Laws Indian Laws Mon, 10 Jan 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=198335