Accused’s Right to Be Heard in Revision Petition Upheld: P&H High Court Sets Aside Dismissal Order

In a significant legal development, the Punjab and Haryana High Court, in a recent judgment dated November 20, 2023, reaffirmed the right of the accused to be heard in a revision petition filed by the complainant. The court set aside an earlier dismissal order and directed a fresh examination of the case after hearing the accused.

The case, Harinder Singh vs. Rajinder Singh, revolved around the dismissal of a criminal complaint under Sections 420, 406, 465, 466, 467, 471, and 120-B of the Indian Penal Code (IPC). The complaint had been initially dismissed for non-appearance of the complainant. Subsequently, the Sessions Judge, SAS Nagar, Mohali, had set aside the dismissal order and remanded the case for fresh consideration, all without hearing the petitioner-accused.

The crucial legal point addressed in the judgment was the interpretation of Section 401 of the Code of Criminal Procedure (Cr.P.C). The court cited the precedent set in ‘Manharibhai Muljibhai Kakadia and another versus Shaileshbhai Mohanbhai Patel and others, 2012(4) RCR (Criminal) 689,’ to establish that the accused have a right to be heard in a revision petition filed by the complainant when challenging the dismissal of a complaint by the Magistrate.

The High Court, in its observation, stated, “In a revision petition preferred by the complainant before the High Court or the Sessions Judge challenging an order of the Magistrate dismissing the complaint under Section 203 of the Code at the stage under Section 200 or after following the process contemplated under Section 202 of the Code, the accused or a person who is suspected to have committed a crime is entitled to hearing by the revisional court.”

The judgment emphasized the importance of ensuring due process and the right to be heard for the accused, even in cases where a complaint has been dismissed. As a result, the impugned order was set aside, and the Sessions Judge was directed to reexamine the matter after affording the accused an opportunity to present their case.

Date of Decision: 20 November 2023

Harinder Singh VS Rajinder Singh