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In Shivjee Singh v. Nagendra Tiwary (Supreme Court, 6 July 2010), was examination of every witness…

Shivjee Singh held that failure to examine every witness named in the complaint does not by itself invalidate cognizance and the issue of process where there is sufficient…

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In Shivjee Singh v. Nagendra Tiwary (Supreme Court, 6 July 2010), was examination of every witness cited in a complaint an indispensable precondition to cognizance and process in an exclusively Sessions-triable case?

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Correct answer B

Shivjee Singh held that failure to examine every witness named in the complaint does not by itself invalidate cognizance and the issue of process where there is sufficient ground to proceed. The proviso to CrPC s.202(2) (now the proviso to section 225(2) of the BNSS) still obliges the Magistrate, in a case triable exclusively by the Court of Session, to call upon the complainant to produce all his witnesses and examine them on oath.

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