Raghu Raj Singh Rousha vs M/S. Shivam Sundaram Promoters(P)L ...

The Supreme Court addressed whether the High Court could exercise its jurisdiction under Sections 397 and 401 of the Code of Criminal Procedure without the presence of the accused. The Court held that the High Court's order to set aside the Metropolitan Magistrate's decision and direct a police inquiry was improper as it was made without notifying the accused, violating principles of natural justice. Consequently, the Court allowed the appeal, emphasizing the necessity of the accused's presence in such proceedings.