M. KUNHAYISU& OTHERS Vs. P. KALLYANI & ANOTHER

JUDGEMENT

(1.) PETITIONERS 3 in number are the accused in C.C. No. 162/1985 on the file of the Judicial First Class Magistrate's Court, Badagara. They seek to quash all proceedings in the said case. The grounds alleged by the petitioners for quashing the proceedings before the court below are: -

(2.) IN the first decision above cited, a complainant whose complaint was dismissed by the Magistrate without examining the witnesses present in court along with the complainant approached the High Court in revision. It was contended by the complainant before the High Court that the provisions of Sections 200 and 203 have not been complied with that is that he was present with the witnesses at the time when he presented the complaint, that the witnesses were not examined on oath and that the substance of their examination has not been reduced to writing by the Magistrate. On the basis of the representation made by counsel the learned Judge took it that there were two witnesses present along with the complainant and under Section 203 of the Code, the Magistrate should have examined the complainant and the witnesses present on oath. Since this procedure had not been followed it was found that the complainant has got a grievance. while dealing with this aspect it was observed:

(3.) IN the last of the above mentioned decisions the accused approached the High Court for quashing the complaint on the ground of non -conformance to the provisions of Section 200 of the Criminal Procedure Code based on the non -examination of any other prosecution witness besides the complainant at the time of taking cognizance by the Magistrate. Division Bench of the Calcutta High Court dealing with this contention observed: