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HRISHIKESH ROY, MANOJ MISRA
Santhakumari – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. appeal against high court's order (Para 2) |
| 2. right of accused to be heard (Para 3 , 5) |
| 3. precedent supporting hearing rights (Para 4 , 7) |
| 4. violation of procedural rights (Para 6) |
| 5. appeal allowed; remanded for fresh decision (Para 8) |
ORDER :
1. Leave granted.
2. This appeal is against the order dated 18.11.2022 passed by the High Court of Judicature at Madras in Criminal Revision Case No.1436 of 2022 whereby the revision of the complainant against an order of the learned Magistrate dismissing his application under Section 156(3) of the Code of Criminal Procedure, 1973 (for short "the Code") has been allowed and a direction has been issued to register First Information Report against the appellants.
3. The short submission on behalf of the appellants is that while exercising revisional power, the High Court in compliance of the provisions of sub-section (2) of Section 401 of the Code should have given opportunity of hearing to the proposed accused as they would be the persons who would be prejudiced by the order. But, such opportunity was not provided, therefore, the revisional order is liable to be set-aside.
4. In support of the above contention, the appellants have
Proposed accused must be heard in revision against Magistrate's rejection of Section 156(3) CrPC application; no prejudicial order without opportunity under Section 401(2), applicable to Sessions Jud....
Accused individuals in a criminal revision challenging a dismissal of a complaint under Section 203 entitled to a hearing as per Section 401(2) of the Criminal Procedure Code.
The accused has a right to be heard in revisional proceedings if the complaint is dismissed under Section 203 of the Cr.P.C.
The accused has a right to be heard in a revision application challenging the dismissal of a complaint under Section 203 of the Code of Criminal Procedure, 1973.
The main legal point established in the judgment is that the accused has a right to be heard in a revision petition challenging the order of dismissal of complaint, even if no process has been issued....
Accused have the right to be heard in revision petitions against dismissal of complaints, as mandated by Section 401(2) of the Cr.P.C.
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