Manharibhai Muljibhai Kakadia v. Shaileshbhai Mohanbhai Patel, (2012) 10 SCC 517
Criminal Procedure Code, 1973
Ss. 397, 401(2), 203, 200, 202 and 204 - Complaint case - Revision petition filed by complainant against dismissal of
complaint under S. 203 - Opportunity of hearing to accused/suspect, held, is necessary - Held, dismissal of complaint
under S. 203, whether at stage of S. 200 itself or after following process contemplated under S. 202, culminates in
termination of complaint proceedings - Therefore, when complainant files revision petition thereagainst before High Court
or Sessions Judge, accused/suspect arraigned in complaint gets right of hearing before Revisional Court, as is expressly
provided in S. 401(2), notwithstanding that order impugned in revision was passed without his participation - However, if
Revisional Court remands impugned order to Magistrate for fresh consideration, accused/suspect arraigned in complaint
would not be entitled to hearing before Magistrate until consideration of matter for issuance of process - Expressions
``prejudice'', ``other person'', ``in his own defence'' occurring in S. 401(2) - Meaning of, (2012) 10 SCC 517-A
Criminal Procedure Code, 1973
Ss. 200 to 204 - Complaint - Summons or issuance of process - Hearing of accused/suspect - Pre-issuance and postissuance stages, distinguished - Held, in proceedings under S. 202 accused/suspect is not entitled to be heard on
question whether process should be issued against him or not - Up to stage of issuance of process, accused cannot
claim any right of hearing, (2012) 10 SCC 517-B
Criminal Procedure Code, 1973
S. 202 - Twin objects of, restated, (2012) 10 SCC 517-C
Criminal Procedure Code, 1973
S. 202 - Scrutiny of complaint by Magistrate under - Locus standi - Accused has no locus standi at this stage, (2012)
10 SCC 517-D
Criminal Procedure Code, 1973
Ss. 203, 200 to 202 (Ch. XV), 204, 210, 156 and 190 - Dismissal of complaint under S. 203 - Nature of stage of - In
exercise of power under S. 202, police directed to investigate allegations in complaint by Magistrate - Investigation report
opining that no offence was made out - Accepting that report, complaint dismissed - In such circumstances, held,
complaint was dismissed not at pre-cognizance stage but at post-cognizance but at pre-issuance of process stage -
Cognizance had been taken when police was directed to investigate - Expressions ``cognizance'', ``taking cognizance'' -
Meaning of, (2012) 10 SCC 517-E
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