Case Note & Summary
The case involved an appeal against an order of the Allahabad High Court which allowed a revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973. The appellants challenged the High Court's decision on the grounds that they were not given notice before the revision petition was allowed, which they argued was prejudicial to their rights. The High Court had held that no person accused of a cognizable offence could file for revision before the registration of an FIR, deeming the order under Section 156(3) as an administrative order at a pre-cognizance stage. The appellants contended that if the High Court found the Sessions Judge's order indefensible, it should have allowed them an opportunity to argue their case. The respondents' counsel argued that no notice was required at the cognizance stage. The Supreme Court found merit in the appellants' argument, stating that they should have been given a chance to be heard before the revision was decided. Consequently, the Supreme Court set aside the High Court's order and remitted the matter back for a fresh hearing, while staying the proceedings before the trial court until the High Court's decision. The appeal was disposed of without expressing any opinion on the merits of the case.
Headnote
A) Criminal Procedure - Revision Petition - Notice Requirement - Code of Criminal Procedure, 1973, Sections 397, 401 - The High Court allowed a revision petition without issuing notice to the appellants, which prejudiced their rights. The Supreme Court held that the appellants should have been given an opportunity to present their case before the revision was decided, thus setting aside the High Court's order and remitting the matter for a fresh hearing (Paras 2-6).
Issue of Consideration
Whether the High Court erred in allowing the revision petition without issuing notice to the appellants.
Final Decision
The Supreme Court set aside the High Court's order and remitted the matter for a fresh hearing, staying the proceedings before the trial court until the High Court's decision.
Law Points
- Right to be heard
- Revision petition
- Cognizable offence
- Administrative order
- Notice requirement
