Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint

Observing that where the complaint was dismissed and thereafter challenged in the revision petition the accused has right to be heard, the Punjab & Haryana High Court has set aside the order of a Session Court which was passed in revision petition without issuing process to the accused.Justice Jasjit Singh Bedi said, "A perusal of Section 401 Cr.P.C. Observing that where the complaint was dismissed and thereafter challenged in the revision petition the accused has right to be heard, the Punjab & Haryana High Court has set aside the order of a Session Court which was passed in revision petition without issuing process to the accused. Considering the petition, the Court referred to Manharibhai Muljibhai Kakadia and another v. Shaileshbhai Mohanbhai Patel and others,, in which the Apex Court held that, "we hold, as it must be, that in a revision petition preferred by complainant before the High Court or the Sessions Judge challenging an order of the Magistrate dismissing the complaint under Section 203 of the Code at the stage under Section 200 or after following the process contemplated under Section 202 of the Code, the accused or a person who is suspected to have committed crime is entitled to hearing by the revisional court. Examining Section 401 of the CrPC and drawing from the precedent set in the case of Manharibhai Muljibhai Kakadia and another, Justice Bedi articulated that if a complaint has been dismissed by the Magistrate and the complainant subsequently challenges the magistrate's order through a revision petition before the High Court or Sessions Court, the person arraigned as an accused in the complaint have the right to present his arguments and be heard during the proceedings of that revision petition.