Back
CHANDRA KUMAR SONGARA
Mahant Prakash Das – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. presentation of the case background. (Para 1) |
| 2. arguments presented by parties. (Para 2 , 3 , 4 , 6) |
| 3. recognition of procedural defects in hearing. (Para 7 , 8) |
| 4. key issue regarding the right to hearing. (Para 9) |
| 5. court's analysis on the obligation to provide a hearing. (Para 10 , 11 , 12) |
| 6. conclusion on error of the revisional court. (Para 14) |
| 7. final conclusion and order. (Para 15 , 16) |
ORDER :
Chandra Kumar Songara, J.
Instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been preferred on behalf of accused-petitioners against the order dated 18.07.2017 passed by the Court of Additional Sessions Judge, Rajgarh District Alwar, in Criminal Revision No.14/2013, titled as Prabhudayal Mahajan & Others v. State of Rajasthan & Others, whereby the revision petition filed by complainants-petitioners was allowed and the order dated 09.03.2013 passed by the Court of Additional Chief Judicial Magistrate, Rajgarh District Alwar dismissing the protest petition filed by the complainants-petitioners, was set aside and the matter was remanded back for adjudication on the basis of Final Report as well as evidence.
2. It has been submitted by learned cou
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
