SANTHAKUMARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is against the order dtd. 18/11/2022 passed by the High Court of Judicature at Madras in Criminal Revision Case No.1436 of 2022 whereby the revision of the complainant against an order of the learned Magistrate dismissing his application under Sec. 156(3) of the Code of Criminal Procedure, 1973 (for short "the Code") has been allowed and a direction has been issued to register First Information Report against the appellants.

(3.) The short submission on behalf of the appellants is that while exercising revisional power, the High Court in compliance of the provisions of sub­sec. (2) of Sec. 401 of the Code should have given opportunity of hearing to the proposed accused as they would be the persons who would be prejudiced by the order. But, such opportunity was not provided, therefore, the revisional order is liable to be set­aside.