( 1 ) THE short question of law inolved for determination in this petition preferred against the order dated 6. 3. 1999 passed by learned Chief Metropolitan Magistrate, whereby the complaint of the petitioner Mrs. Chitra Narain who was once the Chief Producer of the All India Radio filed against respondents - M/s. NDTV, Mr. Prannoy Roy, M/s Star TV and Mr. Rupert Murdoch was dismissed without issuing the process is as under: -

"whether the magistrate while holding an enquiry into a complaint can permit a person against whom the complaint is filed to participate in the proceedings for the purpose of adjudicating the guilt or otherwise of the person against whom the complaint is preferred. "

( 2 ) THE answer lies in the provision of Section 202 of the Code of Criminal Procedure, 1973 itself and is emphatic "no". 3. In the instant case, the learned Chief Metropolitan Magistrate not only allowed the respondents to watch the proceedings but also allowed them to participate, file affidavits in support of their version and also written submissions as if the enquiry being conducted by him under Section 202 of Cr. P. C into allegations contained in the complaint was in the nature of a trial. The relevant extracts of Section 202 of Cr. P. C needs to be produced and are as under: - section 202 Postponement of issue of process- (1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:

( 3 ) ANOTHER relevant provision is Section 200, which provides a procedure that a Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witness 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. However, if such a complaint is filed by a public servant, the Magistrate has the discretion not to examine the complainant and the witnesses. Relevant extract reads as under: - " Section 200. Examination of complainant:- A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witness 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:

( 4 ) AS is apparent from the aforesaid provisions, the only object of the inquiry under Section 202 Cr. P. C is to ascertain whether the complaint has a valid foundation or ground calling for issuing the process to the person complained against or does not require any action.

( 5 ) SUBSEQUENT discussion would show that the inquiry into a complaint is not in the nature of trial as trial may commence after process is issued. Allegations contained in the complaint have to be at first instance ascertained by way of evidence produced by the complainant. The presence or participation of a person does not mean his participation by way of ascertaining his version or to adjudicate the allegations contained in the complaint. Court has to take decision whether to issue a process or not solely on the strength of allegations in the complaint and statements of complainant and witnesses and on no other material.

( 6 ) LET us examine the procedure adopted by the the learned Chief Metropolitan Magistrate in the light of the facts of the case, which need to be recapitulated in brief and are as under: -

( 7 ) "petitioner who was the Chief Producer of All India Radio filed a complaint under Sections 51, 52a, 63, 69 of the Copyright Act 1957 against M/s. NDTV and other respondents on the allegations that they have infringed