( 1 ) THIS case is before us on a reference made by our learned brother Muktadar J having regard to the importance of the question namely whether the proviso to section 202 of the Criminal Procedure Code imposes an obligation on the Magistrate to examine all the witnesses cited by the complainant before issuing process to the accused.

( 2 ) THIS Criminal Miscellaneous petition was filed by 29 accused for quashing the proceedings in P. R. C. No. 3 of 1979 on the file of Munsif magistrate, Zahirabad.

( 3 ) THE relevant facts are as follows :- On 23-8-1978 there was rioting in the village of Singtham, Zahirabad Taluk, Medak District, in which a person died. A complaint was lodged at Zahirabad Police Station on 24-8-1978 at 8 P. M. implicating the 29 petitioners herein and another.

( 4 ) AFTER registering the case and completing the investigation, the Inspector of Police, Crime Branch C. i. D. Hyderabad filed a chargesheet against the petitioners 11 to 29 alone. The Police did not file a charge-sheet against the petitioners 1 to 10. Apparently the Police thought that there is no case so far as petitioners 1 to 10 are concerned.

( 5 ) ON 17-2-1979, the first respondent-co