SHIVJEE SINGH vs NAGENDRA TIWARY .

The Supreme Court addressed whether the examination of all witnesses cited in a complaint is mandatory for a Magistrate to take cognizance in cases triable by the Court of Sessions, specifically under the proviso to Section 202(2) of the Code of Criminal Procedure (Cr.P.C.). The Court held that the proviso is not mandatory, allowing the Chief Judicial Magistrate to take cognizance based on the evidence presented, thus overturning the High Court's remand for further inquiry. The Court emphasized that a prima facie case can be established without the examination of all witnesses, affirming the order of cognizance under Section 302 IPC and Section 27 of the Arms Act.