ROSY vs STATE OF KERALA

The Supreme Court upheld the High Court's decision that the proviso to Section 202(2) of the Criminal Procedure Code (Cr.P.C.) is mandatory, and failure to comply with it resulted in a substantial failure of justice. The Court affirmed that the committal order was vitiated due to non-examination of witnesses as required, and thus directed the Magistrate to conduct a fresh enquiry before committing the case to the Sessions Court. The Court rejected the appellants' argument for acquittal, emphasizing the necessity of following procedural mandates.