1986 CRI. L. J. 1515 ::(1986) 2 AllCriLR 1 ::(1986) Raj LR 170

Rajasthan High Court

Hon'ble Judge(s): M. B. Sharma , J

Criminal P.C. (2 of 1974) , S.169— Report under, filed in court - Protest petition lodged by complainants and want to be heard on question whether report u/S.169 should be accepted or not - Accused must also be heard on the point if they want to be heard. In a case where protest petition is lodged after a report u/S.169 is filed to the Magistrate by the S.H.O. and the complainant wants to be heard on the question as to whether @page-CriLJ1516 the report u/S.169 should be accepted or not, if the persons who are accused of an offence and in whose favour after investigation, the police has filed report u/S.169 want to be heard, the Magistrate has a discretion to hear them, rather he should hear them in order to do justice to both the parties. But the hearing is to be confined to the point as to whether the report u/S.169 is to be accepted or not and to no further.(Para 5)