BAL MANOHAR JALAN versus SUNIL PASWAN & ANR.

BAL MANOHAR JALAN versus SUNIL PASWAN & ANR.

The accused persons, including those discharged by the trial court, have a statutory right under Section 401(2) Cr.P.C. to notice and opportunity to be heard in criminal revision proceedings filed by the complainant before the High Court; failure to comply with this requirement vitiates the High Court’s order.

Parties
Appellant: Bal Manohar Jalan; Respondent No.1: Sunil Paswan; Respondent: State (unnamed)
Jurisdiction
India
Judgment Date
30 June 2014
Procedural Posture
Criminal Appeal / Appeal From High Court Order on Criminal Revision
Outcome
Appeal allowed
Legal Topics
Revision Proceedings, Right of Hearing of Accused, Section 401(2) Cr.p.c., Compliance With Procedural Law
Criminal Law Revision Proceedings Right of Hearing of Accused Section 401(2) Cr.p.c. Compliance With Procedural Law

Case Brief

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Parties

Bal Manohar Jalan

Appellant

Sunil Paswan

Respondent No.1

State (unnamed)

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order on Criminal Revision

Legal Issues

  1. 1 Whether accused is entitled to notice and hearing under Section 401(2) Cr.P.C. in a criminal revision filed by the complainant before the High Court
  2. 2 Whether the High Court erred in deciding revision without issuing notice to accused persons discharged by trial court

Ratio Decidendi

The accused persons, including those discharged by the trial court, have a statutory right under Section 401(2) Cr.P.C. to notice and opportunity to be heard in criminal revision proceedings filed by the complainant before the High Court; failure to comply with this requirement vitiates the High Court’s order.

Court Disposition

Appeal allowed

Orders

  • Impugned order of the High Court dated 18.4.2011 set aside.
  • Matter remitted to the High Court.