Smt. Subha Raj And Anr vs Sankar Sarkar And Anr

The Supreme Court set aside the Calcutta High Court's order allowing a revision petition under Section 401 read with Section 402 of the Code of Criminal Procedure, 1973, due to the failure to grant the appellants an opportunity to be heard. The Court clarified that while the accused has no right to be heard at the stage of issuance of process, the appellants were not afforded a fair hearing in this instance. The matter was remitted to the High Court for fresh disposal in accordance with law.