The Anomaly, in Part, of Section 202 (1) of the Criminal Procedure Code, vis-a-vis the Settled Law that an accused in a Private Complaint cannot be heard at any Stage, Before any Forum, Before Issue of Process against Him

By C. Antony Louis

Published In

(CRLJ 2009)

It is a well-settled position in law that an accused in a private complaint u/S. 190 (a) of the Cr. P.C. filed before a Judicial Magistrate, has no locus standi whatsoever, and cannot be heard in any proceedings related to that complaint unless and until process has been granted against him and he is duly summoned to appear before the Court. This is so, even in a situation in which the complaint came to be dismissed under S. 303 of the Code, and the original complainant went up in Revision before the sessions Court. That is to say, the Sessions Court cannot (and ordinarily does not) issue notice to the accused while hearing and deciding the revision. The position would be the same if, after not succeeding in the Sessions Court, the complainant went up to the High Court, or even to the Supreme Court of India. Although there is really no need to labour the above position in law, by citing case laws — the  position being so very settled and ....

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