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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.C.DOSHI
Kadar Ibrahim Dal – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
J. C. DOSHI, J.
1. Heard learned advocate Mr. Nandish H. Thackar appearing for the petitioners. Respondent No.2 though served initially was represented by learned senior advocate Mr. H. S. Tolia, however, later on he withdrew his representation, therefore, a fresh notice was issued to Respondent No.2 and he did not choose to remain present and to contest the present application. I have also heard learned APP Mr. Chintan Dave.
2. Essentially, this petition under Section 226 and 227 of Constitution of India read with Section 482 of Code of Criminal Procedure questions the legality and propriety of Judgment and Order passed in Criminal Revision No. 24 of 2017 by the Principal District and Sessions Judge, Veraval, whereby the learned Sessions Judge quash and set aside the order passed by the Judicial Magistrate First Class, Talala in Criminal Inquiry No.3 of 2016 and remanded the matter to the trial Court for fresh hearing. In Criminal Inquiry No.3 of 2016, the learned JMFC has refused to issue process in a private complaint filed for the offence punishable under Section 406 , 420, 465, 467, 468, 547, 219, 114 and 120(b) of the INDIAN PENAL CODE .
3. Learned advocate Mr. Nandish H.
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.
Criminal Courts lack the power to review their own orders, and dismissal for non-prosecution is justified when the complainant fails to appear consistently.
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....
The accused has a right to be heard in revisional proceedings if the complaint is dismissed under Section 203 of the Cr.P.C.
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