Power of Court to take cognizance of offence is not affected merely because copy of list of witnesses was not filed along with complaint.

The case of the accused was that, as no list of witnesses was filed by complainant along with this complaint, Court could not have taken cognizance against him. The object of filing list of the witnesses is to give sufficient notice to the accused of nature of the evidence which the prosecution proposes to adduce against him. Non-compliance of such provision of law, does not affect the jurisdiction of the Magistrate, to try the case. Where the matter is at the initial stage, directions can be given by Court to furnish the copy of the list witnesses, if any, before the proceedings actually commence. The Gujarat High Court held that once accused failed to point out the prejudice faced by him by not filing copy of complaint, he cannot challenge cognizance taken against him.

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