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CrPC S 203 - revision

Criminal Procedure Code, 1973 (CrPC),  Section 203, 156(3), 173 -  Where the complaint has been dismissed by the Magistrate under Section 203 of the Code, upon challenge to the legality of the said order being laid by the complainant in a revision petition before the High Court or the Sessions Judge, the persons who are arraigned as accused in the complaint have a right to be heard in such revision petition -  Complaint under section 156(3), dismissed under Section 203 after calling for report from police – Police after investigation submitted a report under Section 173(2) that the accusations were false - Magistrate did not consider it necessary to proceed under Section 173(8) and issued notice to the complainant as to why the final report by the police be not accepted -  Protest petition which was registered as a complaint case -  Sessions Judge, in a revision preferred by the respondent against the dismissal of his complaint, set aside the dismissal order, effectively restoring the complaint case arising out of a protest petition and directed further inquiry by the Magistrate - The High Court declined to interfere with the order - Orders unsustainable and set aside -  Matter remanded to the Sessions Judge to hear the revision application afresh after notice to the appellant. #2020 SCeJ 1595

 

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