1. Petition under S.482 of the Criminal Procedure Code, 1973, Act 2 of 1974. Although the prayer in it is for quashing the entire proceedings in P.E. 5 of 1977 on the file of the Judicial First Class Magistrate, Perambra, at the time of the hearing it was limited by counsel appearing for the petitioner, accused No. 15, to quashing the summons issued to him under S.204 of the Code.

2. What is submitted is that the learned Magistrate erred is proceeding under S.204 before calling upon the first respondent, the complainant, to produce all his witnesses and examining them also as required by the proviso to S.202(2).

3. The complaint takes in offences exclusively triable by Court of Session also.

4. Janaki Amma J. held in Kochu Mohammed v. State of Kerala 1977 Crl. L. J. 1867:1977 KLT. 508 that if the provisions of S.200 were complied with, non-compliance with the provisions of the proviso to S.202(2) would not render the order of committal illegal or irregular. The present case was referred to a Bench of two judges by the same learned judge when the correctness of her decision was canvassed before her. That is how the matter now comes up before us.

5. By now there are several o