Friday 22 February 2013

NO right of hearing to accused at pre cognizance stage


Manharibhai Muljibhai Kakadia v. Shaileshbhai Mohanbhai Patel, (2012) 10 SCC 517
  
  Criminal Procedure Code, 1973 
   
  Ss. 397, 401(2), 203, 200, 202 and 204 - Complaint case - Revision petition filed by complainant against dismissal of
complaint under S. 203 - Opportunity of hearing to accused/suspect, held, is necessary  - Held, dismissal of complaint
under S. 203, whether at stage of S. 200 itself or after following process contemplated under S. 202, culminates in
termination of complaint proceedings - Therefore, when complainant files revision petition thereagainst before High Court
or Sessions Judge, accused/suspect arraigned in complaint gets right of hearing before Revisional Court, as is expressly
provided in S. 401(2), notwithstanding that order impugned in revision was passed without his participation  - However, if
Revisional Court remands impugned order to Magistrate for fresh consideration, accused/suspect arraigned in complaint
would not be entitled to hearing before Magistrate until consideration of matter for issuance of process - Expressions
``prejudice'', ``other person'', ``in his own defence'' occurring in S. 401(2) - Meaning of,  (2012) 10 SCC 517-A 
     

  Criminal Procedure Code, 1973 
   
  Ss. 200 to 204 - Complaint - Summons or issuance of process - Hearing of accused/suspect - Pre-issuance and postissuance stages, distinguished - Held, in proceedings under S. 202 accused/suspect is not entitled to be heard on
question whether process should be issued against him or not - Up to stage of issuance of process, accused cannot
claim any right of hearing,  (2012) 10 SCC 517-B 
     
  Criminal Procedure Code, 1973 
   
  S. 202 - Twin objects of, restated,  (2012) 10 SCC 517-C 
  Criminal Procedure Code, 1973 
  S. 202 - Scrutiny of complaint by Magistrate under - Locus standi - Accused has no locus standi at this stage,  (2012)
10 SCC 517-D 
     
  Criminal Procedure Code, 1973 
   
  Ss. 203, 200 to 202 (Ch. XV), 204, 210, 156 and 190 - Dismissal of complaint under S. 203 - Nature of stage of - In
exercise of power under S. 202, police directed to investigate allegations in complaint by Magistrate - Investigation report
opining that no offence was made out - Accepting that report, complaint dismissed - In such circumstances, held,
complaint was dismissed not at pre-cognizance stage but at post-cognizance but at pre-issuance of process stage -
Cognizance had been taken when police was directed to investigate - Expressions ``cognizance'', ``taking cognizance'' -
Meaning of,  (2012) 10 SCC 517-E 
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