Case Note & Summary
The case involved an appeal against a judgment and order passed by the High Court of Delhi regarding a complaint filed by a company under various sections of the Indian Penal Code. The complaint was initially filed in the Court of Additional Chief Metropolitan Magistrate, New Delhi, where the Magistrate refused to direct police investigation under Section 156(3) of the Code of Criminal Procedure, stating that the complainant could lead evidence. Dissatisfied with this decision, the complainant filed a revision application before the High Court, which set aside the Magistrate's order without notifying the accused. The appellant contended that the High Court's order was improper as it was made without giving the accused an opportunity to be heard. The respondent argued that at the pre-cognizance stage, the accused had no right to be heard. The Supreme Court analyzed the provisions of the Code of Criminal Procedure, particularly Sections 397 and 401, which require that no order be made to the prejudice of the accused without giving them a chance to defend themselves. The court held that the High Court's order was unsustainable as it violated the principle of audi alteram partem, which mandates that both parties must be heard before a decision is made. Consequently, the Supreme Court allowed the appeal, set aside the High Court's order, and directed that the appellant be impleaded in the revision application for a fresh hearing.
Headnote
A) Criminal Procedure - High Court Jurisdiction - Absence of Accused - Code of Criminal Procedure, 1973, Sections 397, 401 - The High Court's order was set aside as it was passed without notice to the accused, violating principles of natural justice. The court emphasized that the accused must be given an opportunity to be heard before any adverse order is made against them (Paras 11-19).
Issue of Consideration
Whether the High Court can pass an order in absence of the accused persons under Sections 397 and 401 of the Code of Criminal Procedure.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order, and directed that the appellant be impleaded in the revision application for a fresh hearing.
Law Points
- Criminal Procedure Code
- 1973
- Sections 200
- 156(3)
- 397
- 401
- 202
- 203
- 204
- 190
- 482
- Indian Penal Code
- 1860
- Sections 323
- 382
- 420
- 465
- 468
- 471
- 120-B
- 506
- 34
