The provisions of Sub-section (2) of Section 204 of the Code are mandatory in the sense, a process issued before filing the list of witnesses would be invalid. This sub-section is coached in a negative language and it goes to the power of the Magistrate to issue summons or warrants, as the case may be. Having regard to the wordings of Sub-section (2) of Section 204 of the Code, it is clear that the filing of the list of prosecution witnesses is essential unless the complainant is the only witness in the case and that alongwith summons or warrant issued under Sub-section (1) ofSection 200 of the Code, a copy of the complaint ought to be sent to the accused. It is, therefore, not competent for a Magistrate to issue process without complying with these mandatory provisions (See Chaturbhuj v. Nahar Khan AIR 1958 MP 28 : (1958 Cri LJ 50) : However, if the requirements of the offence alleged Under Section 406, I.P.C. satisfied (Sic) the Court by the statement of the complainant itself, being the only witness, the trial Court may, in the circumstances of the case, issue process against the accused persons even without furnishing any list of witnesses.
Print Page
Madhya Pradesh High Court
Bairo Prasad And Anr. vs Smt. Laxmibai Pateria on 27 February, 1991
Equivalent citations: 1991 CriLJ 2535
Bench: B Lal
