The practice of summoning an accused person at the stage marked by Section 202 has much greater dangers than safeguards to the accused. Additionally, a person against whom no process has been issued under Section 204 is not a discharged person and therefore no notice is necessary to him when the District Magistrate or the Sessions Court or the High Court directs further enquiry into a complaint dismissed under Section 203 or Sub-Section 3 of Section 204.

Coutts-Trotter, C.J.

1. I have had the advantage of perusing the judgment about to be delivered by my brother Devadoss and I entirely agree in the conclusion that he has arrived at, a conclusion which was also arrived at by Wallace, J., in Varadarajulu v. Kuppuswami A. I. R. 1927 Mad. 18..

2. As I also find myself in complete accord with the reasoning of those learned Judges, it is unnecessary for me to add more than a few words. It may no doubt happen from time to time that to allow a proposed accused person to appear and to hear what he has to say while the proceedings are at the stage contemplated by Section 202 of the Criminal P. C., might turn the scale and satisfy the Magistrate that there was no case for issuing process under Section 204. I make no doubt that it is in this view that Magistrates have been in the habit of giving a person against whom a charge is formulated at least an option to come before them if he so desires at the earliest stage. It seems to me that such a procedure is entirely unwarranted by the Code.

3. The object of the chapter of the Code in which Section 202 appears is to prevent accused persons being harassed at all or asked to appear if in the opinion of the Magistrate no prima facie case is made out; and in my opinion the Code never contemplated that at that stage they should be either asked or permitted to state their cases. That is really enough to dispose of this matter, but I am also of opinion that the practice of summoning an accused person at the stage marked by Section 202 has much greater dangers than safeguards to the accused. He is obviously not bound to appear even if invited or give an opportunity of doing so. If he does not appear, it is likely to weigh against him with the Magistrate, if he does he runs the danger of being committed to a. statement of his case before he knows with any definiteness what exactly is laid to his charge.

4. The argument that because Narasimha Aiyars client in fact appeared before the Magistrate when the proceedings were at the stage of preliminary inquiry under Section 202, he is, therefore, entitled to be heard when that proceeding is questioned in a higher Court is to my mind quite untenable. This appellant has never been discharged because he had never been charged. I should like to say in conclusion that I entirely endorse the strictures passed by Devadoss, J., on the remarks contained in the order of the District Magistrate which in effect really prejudge the case. I agree with the order proposed by Devadoss, J.

Devadoss, J.

5. This is an application to revise the order of the District Magistrate of Chingleput directing further enquiry into a complaint dismissed under Section 203 of the Criminal P. C., by the Stationary 2nd Class Magistrate of Ponneri. At the request of the Public Prosecutor the learned Chief Justice has directed that this Criminal Revision Petition be heard by a Full Bench as one of the questions involved affects the practice prevailing in the Magistrates Courts. Two questions arise for consideration: (1) Has a Magistrate jurisdiction to require the presence of the accused when he holds an enquiry or investigation under Section 202 of the Criminal P. C., into a complaint of which he is empowered to take cognizance or which has been transferred to him under Section 192 and (2) Is an order under Section 436 of the Criminal P. C., for further enquiry into a complaint dismissed under Section 203 bad for want of notice to the accused?

6. First point.--When a complaint is presented or transferred to a Magistrate he may after examining the complainant on oath, dismiss the complaint under Section 203 if there is in his judgment no sufficient ground for proceeding and if there is sufficient ground for proceeding he shall issue a summons or warrant under Section 204 for the attendance of the accused. Section 202 authorizes a Magistrate for reasons to be recorded in writing to postpone the issue of process for compelling the attendance o