Supreme Court Sets Aside High Court Order for Violation of Accused's Right to Hearing

In a recent judgment, the Supreme Court of India set aside an order passed by the High Court of Judicature at Madras in a criminal revision case. The case, numbered SLP (Crl.) No.4230 of 2023, involved an appeal against the High Court's decision to allow the revision filed by the complainant against the dismissal of their application under Section 156(3) of the Code of Criminal Procedure, 1973.

The appellants argued that the High Court had violated the provisions of sub-section (2) of Section 401 of the Code by not providing an opportunity of hearing to the proposed accused. The appellants relied on the interpretation of this provision as explained in the case of Manharbhai Muljibhai Kapadia v. Shaileshbhai Mohanbhai Patel & Others (2012) 10 SCC 517.

The Supreme Court accepted the appellants' argument and acknowledged that the proposed accused were not served notice of the revision proceedings, thereby violating their right to a hearing. The Court cited the Manharbhai Muljibhai Kapadia case and another case, Bal Manohar Jalan v. Sunil Paswan (2014) 9 SCC 640, to support its decision.

Consequently, the Supreme Court set aside the High Court's order and remitted the matter back to the High Court for fresh consideration of the revision in accordance with the law.

This judgment highlights the importance of ensuring that the rights of the accused are respected, including their right to be heard during revision proceedings. Violating this right can have serious consequences and may lead to orders being set aside on appeal.

Decided on: 12.05.2023

Santhakumari & Ors. VS State of Tamil Nadu & Anr.