Revision Order Without Hearing Accused Set Aside: P&H High Court Reinforces Mandatory Right to Be Heard Under Section 401(2) CrPC
Case Name: Balkar Singh v. State of Punjab and Another
Date of Judgment: 17.04.2026
Citation: CRM-M-25385-2022
Bench: Hon’ble Mrs. Justice Manisha Batra
Held: The High Court held that an order passed by a revisional court setting aside dismissal of a complaint without affording an opportunity of hearing to the accused is violative of Section 401(2) CrPC and principles of natural justice, and is liable to be set aside.
Summary: The petitioner invoked jurisdiction under Section 482 CrPC seeking quashing of a criminal complaint and subsequent proceedings, including the summoning order and revisional order restoring the complaint. The complaint alleged offences under Sections 420, 463, 465, 467, 468, 471 and 120-B IPC.
Initially, the complaint was dismissed by the Judicial Magistrate after considering preliminary evidence. However, on revision filed by the complainant, the Additional Sessions Judge set aside the dismissal order and remanded the matter for fresh consideration. Pursuant to the remand, the Magistrate summoned the petitioner to face trial.
The core grievance raised by the petitioner was that the revisional court passed the order of remand without issuing notice or granting an opportunity of hearing to him, thereby violating statutory mandate.
The High Court, upon examining the record, found that the revisional court had indeed proceeded without hearing the accused. It emphasized that Section 401(2) CrPC expressly mandates that no order prejudicial to an accused can be passed without giving an opportunity of hearing.
Relying on the Supreme Court judgment in Manharibhai Muljibhai Kakadia v. Shaileshbhai Mohanbhai Patel, the Court reiterated that even at the pre-summoning stage, if an order of dismissal is reversed in revision, the accused has a right to be heard since such reversal causes prejudice by reviving the complaint.
Decision: The High Court partly allowed the petition and set aside the revisional order dated 18.01.2022 as well as the consequential summoning order dated 09.02.2022. The matter was remanded back to the revisional court with a direction to decide the revision afresh after granting an opportunity of hearing to the petitioner in accordance with law.