Section 244 of the Code of Criminal Procedure, 1973 (Hereinafter referred to
as Cr.P.C., 1973) provides an answer to if it is obligatory for the Court to
take into consideration all such evidence that may be produced by the
complainant in support of his case?
Section 244 of the Code of Criminal Procedure, 1973:
244. Evidence for prosecution:
- When, in any warrant-case instituted otherwise than on a police report
the accused appears on is brought before a Magistrate, the Magistrate shall
proceed to hear the prosecution and take all such evidence as may be
produced in support of the prosecution.
- The Magistrate may, on the application of the prosecution, issue a
summons to any of its witnesses directing him to attend or to produce any
document or other thing.
A careful interpretation of the section makes it clear that after appearance of
an accused in a complainant case, the complaint has the liberty to produce the
evidence/ additional evidence, which supports the case of the complainant in
order to strengthen the case.
It is also well settled that the list of witnesses filed in a complaint case
under Section 204(2) of Cr. P.C., 1973 can be added to and the Court can be
requested to summon and examine additional witnesses' at the stage of pre-charge
It is thus obligatory for the Court to take into consideration all such evidence
that may be produced by the complainant in support of his case as also held in Niadar
Singh v. Maman and Ors., Crl. M. (M) No. 3214/99 by Justice R.C. Chopra [Hon’ble
Delhi High Court].
Even if the names of a witnesses proposed to be examined were not mentioned in
the complaint, the same could not be the basis for rejecting an Application for
summoning additional witnesses at the stage of pre charge evidence. The
Complaint if desires, can produce and examine witnesses other than those
mentioned in the list of PWs.
The only caution that is to be kept in mind is to the safeguard that a witness
should not be produced suddenly springing a surprise on the accused. Due notice
must be given to the accused that a particular witness is sought to be produced
and examined by the complainant.
In Niadar case (Supra) the Courts are considered under a legal obligation
to examine the witnesses sought to be produced by the complainant at pre-charge
 2000 SCC OnLine Del 1002 : (2001) 57 DRJ 702 : (2001) 89 DLT 563 : 2001 Cri
LJ (NOC 151) 43 : (2001) 2 Ch LR 58