The question which the Full Court is called upon to determine may be put as under: --

Whether a process issued on a complaint for the appearance of the accused without the complainant filing a list of witnesses in compliance with the provisions of Section 204 (1-A) of the Code of Criminal Procedure is an illegality which cuts at the root of the jurisdiction rendering the subsequent proceedings null and void or whether it is a curable irregularity in which prejudice should be the balancing factor.

2. The facts are these: One. Ghulam Mohd. Wani, brought a complaint under Section 494 R. P. C. against Abdullah Bhat and others in the Court of Judicial Magistrate 1st Class, Handwara. The complaint was not accompanied by a list of writ-nesses nor was one incorporated in the petition of the complaint itself. The learned Magistrate, however, examined the complainant and his one witness and issued process for the appearance of the accused. After the accused put in their appearance, the complainant filed a list of witnesses who were summoned and examined by the complainant and then also cross-examined by the accused who were represented by a lawyer. Eventually, two of them were committed for

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