https://www.taxtmi.com/caselaws?id=176686 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. en-us Wed, 17 Dec 2008 00:00:00 +0530 Fri, 15 Jan 2016 18:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=176686 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. Case-Laws Indian Laws Wed, 17 Dec 2008 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=176686