Shambhu Prasad SJngh, J. :

In these two criminal revision applications the question which arises for decision is whether the entire proceeding is vitiated if no witness 0n behalf of the complainant who files a petition of complaint in writing is examined and the Magistrate taking cognizance does not record in writing that no witness was present. Criminal revision No. 273 of 1975 is a case in which cognizance was taken on the 14th of November, 1972. Therefore, this case is governed by the Code of Criminal Procedure, IR98 (hereinafter referred to as 'the old Code'). In Criminal Revision No, 420 of 1975, cognizance was taken on the 7th of November, 1974. This case, therefore, is governed by the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the new Code'). In both the cases, petition of complaint was filed in writing and cognizance was taken thereon, In the ordersheet while taking cognizance the Magistrates have not recorded that no witness on behalf of the complainant was present. Petitions were filed in both the cases before the Chief Judicial Magistrate praying that the accused be either acquitted or discharged and by the impugned orders that prayer has been r