(1.) - In this revision application the short question involved is Whether any person can approach the Court to be examined in an enquiry under section 202, Cr. P.C. for the purpose of inquiry process against the accused?
(2.) Section 202(2) which is material for the case reads as follows (2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath; Provided that if it appears to the Magistrate that the offence complained of if; triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
(3.) The short facts giving rise to this question arose in a complaint case where the two petitioners named in the complaint petition made an application to the Court making enquiry before issue of processes to be examined in exercise of the power under section 311, Cr. P.C.