( 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 point on the filing of the complaint is whether the court on the examination of the complainant is satisfied about a case being made out prima facie against the accused persons. Section 200 Cr P. C. aims at three fold purposes viz , (1) to ascertain the facts of the alleged offence, not given in the written complaint, (2) to see whether there is a prima facie case against the accused and to prevent the issue of process in cases where the complaint is false, frivolous and vexatious and intended merely to harass the accused, and (3) to find out whether there is any matter which calls for investigation by a criminal court. Therefore it is for the magistrate to find out as to whether he is satisfied with the sole statement of the complainant and whether the case would demand the examination of any witnesses in order to find out as to whether any one of the three purposes is made out or not. Therefore Sec. 200 Cr. P. C. makes it clear that the court may examine the witnesses if they are present. If they are not kept present by the complainant, it is not necessary for the court to record the statements of the witnesses also if it is satisfied with the sole statement of the complainant. Sec. 201 Cr. P. C. does not apply to the facts of the present case. Sec. 202 (1) (b) Cr. P. C requires the examination of the witnesses if they are present. Therefore I do not think that the examination of the witnesses is a must before issue of the process.

( 4 ) THE next circumstance relied on by the petitioners' counsel was that there was a delay of nearly 8 months in filing the complaint. What would be the effect of the delay on the ultimate decision of the case need not be decided at the time of issuing the process itself. It would be highly premature.

( 5 ) THEREFORE, under these circumstances, I do not want to interfere with the order issued by the court below issuing the process because it has applied its mind to the allegations in the complaint and the sale statement of the complainant and it is satisfied with them. Therefore there is no merit in the petition. It is dismissed.

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