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HIGH COURT OF GUJARAT
MR. JUSTICE J. C. DOSHI, J
Chintan K. Trivedi – Appellant
Versus
State of Gujarat – Respondent
ORDER :
(J.C. DOSHI, J.)
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code”), the petitioner has prayed to quash and set aside order dated 9.7.2015 passed by the learned Sessions Court, Gandhinagar in Criminal Revision Application No.16 of 2015.
2. Heard learned advocates for the respective parties.
3. Heard Learned Advocate Mr. Yash Joshi for the petitioner. Though process was served to Respondent No. 2, he did not remain present. I have also heard Learned APP.
4. What could be noticed that the Respond No. 2 has filed Criminal Inquiry No. 1 of 2015 before the Learned JMFC, Gandhinagar for seeking issuance of the process under Sections 499 and 500 of the IPC against the petitioner. The inquiry was decided by the learned JMFC on 16 February 2015 by declining to issue process under Sections 499 and 500 of the IPC and accordingly it was dismissed under Section 203 of the Criminal Procedure Code. Against the said order, the complainant preferred Criminal Revision Application No. 16 of 2015 before the Learned Sessions Court, Gandhinagar. Learned Sessions Judge allowed the revision and ordered to issue summons / proce
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.
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....
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 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 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.
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