Supreme Court · 2008 INSC 1459 · Decided 17 December 2008
Raghu Raj Singh Rousha v. M/S. Shivam Sundraram Promoters (P) L & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1459 · [2008] 17 S.C.R. 833
- Case number
- CRIMINAL APPEAL No. 2054/2008
- Decided
- 17 December 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 200, 156(3), 401
Headnote
· Code of Criminal Procedure, 1973 - Chapter XV and ss . ... 397, 401- Complaint u/s. 200 rlw s. 156(3) - Magistrate ~ refusing the application u/s. 156(3) and directing the c complainant to proceed in terms of Chapter XV - Revision application - Disposal of by High Court - Without hearing held: Disposal of revision without hearing the accused not correct - Since the Magistrate had taken cognizance of the offence, the accused was entitled to D .. be heard in revision -The revision case being at pre- summoning stage, even if the affected person is not an . -..\ accused, he is
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