SUBHA RAJ vs SANKAR SARKAR

The Supreme Court held that the High Court erred in allowing a revision petition under Section 401 read with Section 402 of the Code of Criminal Procedure, 1973 without hearing the appellants. The Court emphasized that while the accused has no right to be heard at the stage of issuance of process, the appellants were entitled to a hearing in the revisional jurisdiction. Consequently, the Court set aside the High Court's order and remitted the matter for fresh disposal, ensuring compliance with legal procedures.