LAW FOR ALL

FIR and protest complaint - police filed charge sheet - Magistrate dismissed the complaint under sec. 203 - Revision filed - only hearing complainant , the High court set aside the order of Magistrate without hearing the accused.= Apex court set aside the order of High court and held that under sec.401 Cr.P.C. while hearing the complainant an opportunity should be given to the accused The right given to "accused" or "the other person" under S. 401(2) of being heard before the revisional court to defend an order which operates in his favour should not be confused with the proceedings before a Magistrate under Sections 200, 202, 203 and 204. In the revision petition before the High Court or the Sessions Judge at the instance of the complainant challenging the order of dismissal of complaint, one of the things that could happen is reversal of the order of the Magistrate and revival of the complaint. It is in this view of the matter that the accused or other person cannot be deprived of hearing on the face of the express provision contained in S. 401(2) of the Code. The stage is not important whether it is pre-process stage or post process stage.= Bal Manohar Jalan … Appellant(s) versus Sunil Paswan and another … Respondent(s) = 2014 July part http://judis.nic.in/supremecourt/filename=41704