Revisional orders prejudicing affected persons require a hearing, even at the pre-summoning stage.

Section 401(2) of the Code of Criminal Procedure bars the High Court from passing a revisional order prejudicial to an accused or any other affected person without first hearing that person, and the protection applies even at the pre-summoning stage. Where the Magistrate had already considered the complaint, declined recourse under Section 156(3), and proceeded under Chapter XV, the High Court could not set aside that order and direct further inquiry behind the affected person's back. The audi alteram partem principle therefore governed the revision, and the revisional order was unsustainable.

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Issues: Whether, in a criminal revision against an order passed at the pre-summoning stage, the High Court could set aside the Magistrate's order and direct further inquiry without hearing the person who would be prejudiced by such order.

Analysis: Section 401(2) of the Code of Criminal Procedure, 1973 bars the High Court from making any order to the prejudice of an accused or other person unless that person has been given an opportunity of hearing. The protection is not confined only to a formally arrayed accused; it extends to any person who may be prejudiced by the revisional order. Where the Magistrate has already applied his mind, refused to act under Section 156(3), and proceeded under Chapter XV by directing examination of the complainant and witnesses, the matter is not one where the High Court can pass an adverse revisional order behind the back of the affected person. The principle of audi alteram partem applies in such revisional proceedings.

Conclusion: The High Court's order, having been made without hearing the appellant despite its prejudicial effect, was unsustainable.

Final Conclusion: The appeal succeeded, the impugned revisional order was set aside, and the revision was directed to be reheard after impleading and hearing the appellant.

Ratio Decidendi: In revision, an order prejudicial to a person cannot be made under Section 401 of the Code of Criminal Procedure, 1973 without first giving that person an opportunity of being heard, even if the proceeding is at the pre-summoning stage.

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