Examination of the complainant, on oath, in terms of Section 200 Code of Criminal Procedure is mandatory to ascertain the truth or falsehood of the complaint and to test whether the allegations make out a prima facie case to enable the issuance of process.

I.A. Anasari, J.

1. The order, under challenge in the present revision, was passed, on 26.04.2004, by the learned Additional Chief Judicial Magistrate, Dhubri, in CR Case No. 787/2004, taking cognizance of offences under Section 420/422/406 IPC against the accused-Petitioner and directing issuance of warrant of arrest for Rs. 5,000/- against him.

2. I have heard Mr. R.K. Agarwal, learned Counsel for the accused-Petitioner, and Mr. G.N. Sahewalla, learned Sr. advocate, assisted by Mr. P. Bora, learned Counsel, for the complainant-opposite party.

3. Briefly stated, the facts giving rise to the present revision are as follows:

A complaint, in writing, was lodged by one Sri Gopal Chandra Barman in the name of Smti. Nupur Saha, as complainant, describing himself as a duly constituted attorney of the said complainant, the complaint having been made against the present Petitioner as the accused. Based on this complaint, CR Case No. 787 of 2004 aforementioned was registered with Smti. Nupur Saha as the complainant. The learned Court below examined the said attorney, namely, Sri Gopal Chandra Barman and passed the impugned order, dated 26-04-2004, aforementioned.

4. The challenge to the impugned order, dated 26-04-2004, aforementioned is posed on the ground that in the case at hand, the learned Court below has taken cognizance and issued process without examining the complainant, who lodged the complaint, and thereby the mandatory provisions of Section 200 Code of Criminal Procedure have been violated, which vitiates the entire process of issuing of the warrant of arrest against the accused-Petitioner.

5. The question, therefore, which the present revision has raised in this: Can a Magistrate, taking cognizance of an offence, issue process without examining the complainant in terms of Section 200 Code of Criminal Procedure?

6. My quest for an answer to the above question bring me to Section 200 Code of Criminal Procedure which if I may quote, reads as follows:

200. Examination of complainant-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:

Provided that, when the complainant is made in writing, the Magistrate need not examine the complainant and the witnesses-

(a) If a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or

(b) if the Magistrate makes over the case for inquiry or trial to Anr. Magistrate under Section 192:

Provided further that if the Magistrate makes over the case to Anr. Magistrate under Section 192 after examining the complainant and the witnesses, the latter Magistrate need not reexamine them.

7. A careful reading of the provisions of Section 200 Code of Criminal Procedure shows that except when a complaint is lodged by a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint or when the Magistrate makes over the case for inquiry or trial to Anr. Magistrate under Section 192 Code of Criminal Procedure or when the complainant has already been examined before the complaint is made over under Section 192 Code of Criminal Procedure, the examination of the complaint, on oath, is essential. The object behind this examination is to ascertain if a prima facie case for issuing process against the accused has been made out. This apart, Section 200 Code of Criminal Procedure functions as a safety valve against false and frivolous complaints inasmuch as the statement of a complainant, if examined under Section 200 Code of Criminal Procedure, will expose him to consequences, which may ensue filing of false or frivolous complaint. Moreover, Section 200 Code of Criminal Procedure also provides protection against false or fictitious complaints, for, it may so happen that in a given