JUDGMENT Pramod Kumar Srivastava, J. – Heard learned counsel for the applicants, learned AGA and perused the records. 2. The application u/s 156(3) Cr.P.C. of applicants-complainant was admitted as complaint case by order dated 24.08.2005 of Judicial Magistrate, Hapur, Ghaziabad. In said complaint case no. 5228 of 2014 (Smt. Kamlesh v. Narendra and others) the dates were fixed for statement of witness u/s 202 Cr.P.C. and dates are still being fixed for same evidence. 3. Learned counsel for the applicants contended that conduct of Magistrate is not proper and he is unnecessary delaying the matter and regularly issuing notice to Doctor for evidence u/s 202 Cr.P.C.. His submission is that Magistrate may be directed to conclude the proceedings of recording of evidences u/s 202 Cr.P.C. and pass appropriate order on point of summoning. 4. On pointing out of learned counsel for the applicant, it is found in aforesaid case that without any application or request of complainant-applicants Magistrate is issuing summons and notices to witnesses. The proviso of Section 202 (2)Cr.P.C. provides that if it appears to the Magistrate that offence in complaint are triable exclusively by the court of sessions, then he shall call upon the complainant to produce all witnesses and examine them on oath. This provision does not provide for Magistrate to take suo moto initiative for summoning the witnesses. 5. Therefore, this application u/s 482 Cr.P.C. is disposed of with direction to learned Magistrate to call upon the complainant to produced all his witness u/s 202 Cr.P.C. and, make attempt to conclude proceedings of evidence and enquiry u/s 202 Cr.P.C. within two months, and thereafter pass appropriate order on point of cognizance and summoning. Application Disposed Of.