Case Note & Summary
The case involved an appeal against an order of the Calcutta High Court that allowed a revision petition under the Code of Criminal Procedure, 1973. The appellants, a husband and wife, challenged the High Court's decision on the grounds that they were not given an opportunity to be heard before the order was passed. The respondent had filed a complaint alleging offences under various sections of the Indian Penal Code, 1860, which the Magistrate initially dismissed. The respondent then filed a revision petition that was dismissed by the Additional District and Sessions Judge. The High Court treated the revision petition as one under Section 482 of the Code, despite it being styled under Section 401 and 402. The appellants contended that they were not heard in the High Court, and their names were deleted from the cause title at the respondent's request. The respondent argued that the accused has no right to be heard at the stage of issuance of process. The Supreme Court acknowledged that while the accused does not have a right to be heard at the issuance of process, the appellants were indeed not heard in this case. The Court set aside the High Court's order and remitted the matter for fresh disposal, emphasizing the need for the appellants to be heard before any decision is made.
Headnote
A) Criminal Procedure - Right to be Heard - Opportunity to be Heard - Code of Criminal Procedure, 1973, Section 401, 402 - The High Court failed to provide the appellants an opportunity to be heard before allowing the revision petition, which is a violation of principles of natural justice. The Supreme Court held that the matter should be remitted to the High Court for fresh disposal, ensuring the appellants are heard (Paras 6-9).
Issue of Consideration
Whether the appellants were granted an opportunity to be heard before the High Court allowed the application under Section 401 read with Section 402 of the Code of Criminal Procedure, 1973.
Final Decision
The Supreme Court set aside the High Court's order and remitted the matter for fresh disposal, ensuring the appellants are heard before any decision is made.
Law Points
- Right to be heard
- Criminal revision
- Issuance of process
- Code of Criminal Procedure
- 1973
- Indian Penal Code
- 1860
