JUDGMENT 1. - This Misc. Petition is directed against the order dated 30th Sept. 1991, passed by the learned Munsif and Judl. Magistrate, Class Padampur, by which the learned Magistrate dismissed the application of 24-9-1991 by the petitioner. 2. Badri Nath on 6-5-1987 filed a complaint against the petitioner in the Court of MJ M. Padampur. The learned Magistrate, Padampur did not record the statement of the complainant under section 200 Cr.PC but proceeded to record the statements of the PW 1 Indra Jeet, PW 2 Bheera Ram, PW 3 Dula Ram & PW 4 Bhalu Ram and thereafter took cognizance against the petitioner of the offence under/section 420, IPC vide his order dated 6-2-1988. 3. Proviso (b) of Sub-section (I) of Section 202 of the Code of Criminal Procedure provides that unless the complainant and witnesses present, if any, have been examined on oath under section 200 Cr. PC & 202 Cr. PC no direction for investigation can be given, on a complaint, if it has not been made by a court, Any direction for investigation without first examining the complainant and the witnesses present, if any, is given it will be in contravention of the proviso (b) of Sub-section (1) of Section 202 Cr. PC. The learned Magistrate has not examined the complainant but recorded the statements of the above four witnesses under section 202 Cr.PC. It was necessary for the learned Magistrate to have first recorded the statement of the complainant and then to have proceeded to recode the statements of the other witnesses under section 202 Cr.PC. In the absence of the statement of the complainant, recorded under Section 200 Cr.PC, the learned Magistrate was not justified in taking cognizance against the accused petitioner. Consequently, the order passed by the learned lower Court on 6-2-1988 taking cognizance against the petitioner deserves to be set aside. 4. In the result, I allow this Misc. petition, quash the order dated 6-2-1988 passed by the learned M J.M Class, Padampur taking cognizance against the petitioner and send the case back to the learned Magistrate with the direction to first examine the complainant and thereafter pass the order regarding taking cognizance.Petition allowed. *******