Supreme Court · 2012 INSC 439 · Decided 1 October 2012
Manharibhai Muljibhai Kakadia & ANR. v. Shaileshbhai Mohanbhai Patel & ORS.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 439 · [2012] 8 S.C.R. 1015
- Case number
- CRIMINAL APPEAL No. 1577/2012
- Decided
- 1 October 2012
- Bench
- RAJENDRA MAL LODHA, C.K. PRASAD, S. J. MUKHOPADHAYA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 401(2), 202, 401
Headnote
CODE OF CRIMINAL PROCEDURE, 1973: B c ss. 397and 401(2) read with ss. 202 and 203- Revision against order u/s 203 dismissing the complaint - Right of the person accused I suspect to be heard - Held: In the proceedings uls. 202 the entitled to be heard on the question whether the process 0 should be issued against him or not - However, in a revision petition preferred by complainant before High Court or Sessions Judge challenging an order of the Magistrate dismissing the complaint u/s. 203 at the stage u/s. 200 or after
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