C.A. Rahim, J. - (1.) A case under Section 304/323 Indian Penal Code was lodged by the complainant she has examined three witnesses before the learned Magistrate under Section 202 Criminal Procedure Code. In spite of the fact that she has submitted a list of nine witnesses on whom she wanted to rely and after examining the said three witnesses the learned Magistrate summoned the petitioners along with others. It has been challenged that without examining all the witnesses mentioned by the complainant, the learned Magistrate could not have issued summons.
(2.) Heard learned counsel for the petitioners, respondent No.2 and also the learned A.G.A. Proviso to Section 202 (2) Criminal Procedure Code envisages that in sessions trial cases the complainant should have examined all the witnesses before issuing process. There is clear departure of it and accordingly I find that there is merit in this application and the same is allowed. The order dated 19.3.1993 passed by the Chief Judicial Magistrate, Hamirpur, in case No. 411 of 1993 is hereby set aside with a direction that the learned Magistrate before issuing process should examine all the witnesses mentioned by the complainant. Application Allowed.;