( 1 ) HEARD the learned counsel Shri Shivayogimath for the petitioners.

( 2 ) THIS petition is filed against the order passed by the court below issuing process against the petitioners accused for the offences under Sections 494 and 109 read with Sec. 34 I. P. C. His first grievance is that the court below before issuing the process ought to have recorded the statements of the witnesses mentioned in the complaint. According to him, the examination of the witnesses is a must and non-compliance with it would render the proceedings void.

( 3 ) SECTION 200 Cr P. C. reads as :-"a Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate. "section 200 Cr. P. C requires the examination of the witnesses if they are present. If the witnesses are not present, it is not obligatory on the Magistrate to examine the witnesses before issuing the process. If the court is satisfied with the sole statement of the complainant, there ends the matter. The most important