Revision application against dismissal of complaint

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Question asked on: 24/10/2015

Mr X presented a complaint against me for the commencement of offence punishable under section 467/468/504/506 IPC, which is rejected by the court of magistrate. Now Mr X submitted a revision application against such rejection. I want to appear in that revision application. Is there any law in this regard?

Advised by: Shivendra Pratap Singh,

Yes, you may appear before the court in that revision application. According to section 401(2) of the code of criminal procedure [crpc], the court shall not take any decision unless giving an opportunity of hearing to the accused person.

You are a proposed accused in this case because the court rejects the complaint of Mr X. However, the proposed accused also has the right to invoke section 401(2) crpc. It does not matter that the court did not issue any process like summons or warrant against the accused.

Section 401[1] CrPC

In the case of any proceeding the record of which has been called for by itself or Which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307 and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392.

Section 401[2] No order under this section shall be made to the prejudice of the accused or another person unless he has had an opportunity of being heard either personally or by pleader in his defence.

In A.N. Santhanam vs K. Elangovan [2012] 12 SCC; the Supreme Court of India holds that proposed accused has right to appear in revision application against the dismissal of the complaint. In Priyanka Srivastava vs State of U.P. [2015] 3 SCC supreme court of India directed all the subordinate courts to take affidavit in support of allegations made in the application under section 156[3] crpc as well as applicable under section 200 crpc. The purpose of the oath is to bound the applicant with his averments stated in the application.

In M. M. Kakadia vs S. M. Patel [2013] 1 SCC Criminal; proposed accused has right to hear in the revision application preferred by the complainant against the order of dismissal of the complaint under section 203 crpc.

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