ashok kumar (Social Worker) 28 August 2014

Notices in case of revision against charge

Notices in case of Revision Against Charge

While hearing a Revision Petition under Section 397/399 of CrPC challenging the cognizance order of the trial Court is it mandatory that the notices be issued to Sate via PP and also the complainant who filed the FIR?

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adv.raghavan (Advocate,9444674980) 01 September 2014

It has to be done, kindly refer the following judgement of Hon.supreme court

Reference to a recent decision of the Supreme Court in A.N.

Santhanam vs. K. Elangovan 2011(2) JCC 720 is more appropriate. In the

said case, the complaint filed was dismissed under Section 203 Cr.P.C. The

said order was set aside in the revision petition without notice to the adverse

party. The opposite party on appeal succeeded before the Supreme Court

and the order of the High Court was set aside with a direction that the

revision petition shall stand restored for fresh hearing and disposal on merits

after issuing notice/hearing the opposite party. The reasoning given by the

Supreme Court reads as under:- “8. A plain reading of Clause (2) of the said provision makes it abundantly

clear that the High Court in exercise of its revisional power cannot pass any

order which may cause prejudice to the accused or other persons unless he

has an opportunity of being heard either personally or by pleader in his own

defence.

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