Right of hearing in revision after complaint dismissal under Section 203 CrPC extends to accused named in the complaint.

Persons arraigned in a complaint dismissed under Section 203 CrPC are entitled to notice and hearing in the complainant's revision, because a revisional order may prejudice them by reviving the complaint. The Court held that dismissal under Section 203 terminates the complaint proceedings, and that the absence of process does not remove the right to be heard at the revisional stage under Section 401(2). It further distinguished the pre-process inquiry under Sections 200, 202 and 203 from revision, and confirmed that the accused or suspected persons must be afforded an opportunity of hearing before the complaint dismissal is set aside.

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Issues: Whether a person named as an accused in a complaint dismissed under Section 203 of the Code of Criminal Procedure, 1973 is entitled to be heard in a revision filed by the complainant against that dismissal.

Analysis: The complaint had been dismissed after the Magistrate had applied judicial mind and postponed issuance of process by directing inquiry/investigation. The Court held that this amounted to cognizance, even though process had not yet been issued. It further held that dismissal of the complaint under Section 203 terminated the complaint proceedings and that, once the complainant challenged that order in revision, the persons arraigned in the complaint became entitled to be heard under Section 401(2), because the revisional order could prejudice them by reviving the complaint. The Court distinguished the inquiry stage under Sections 200, 202 and 203 from the revisional stage under Section 401, and held that the absence of process did not defeat the right of hearing in revision.

Conclusion: The accused or suspected persons were entitled to notice and hearing in the complainant's revision against the order dismissing the complaint under Section 203.

Final Conclusion: The order refusing impleadment could not stand, and the revision before the High Court had to be heard after affording the appellants an opportunity of being heard.

Ratio Decidendi: In a revision by the complainant against an order dismissing a complaint under Section 203, persons arraigned in the complaint must be heard under Section 401(2) if the revisional order may prejudice them by reviving the complaint, even though process has not yet been issued.

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