Setting aside of summoning order

Sections 156 (3), 204 and 401 CRPC  

Summoning order 

Setting aside of 

Complainant not provided any opportunity of hearing and pleading. 

Court of Magistrate treated protest petition filed against final report as complaint. 

Lower revisional court needed to hear complainant and should have provided him reasonable opportunity of hearing before setting aside summoning order.

Direction to lower revisional court to decide matter again on merits after giving opportunity of hearing to complainant. 

If despite reasonable opportunity given to complainant he did not represent before court, than court had to proceed in matter on merits. 

Impugned order set aside. 

Stay of summoning order or consequent proceeding granted by lower revisional court was to continue to operate till final disposal of revision which has been remanded back for rehearing.  

Revision allowed. 

[Paras 14 to 17]

Indradev versus State of U.P. and Others 

CRL-A 1649/14 23/06/14 

[ Karuna Nand  JJ ]

[ ALLAHABAD HIGH COURT ]