RAGHU RAJ SINGH ROUSHA vs M/S. SHIVAM SUNDARAM PROMOTERS(P)L &ANR.

The Supreme Court addressed whether the High Court could pass an order under Sections 397 and 401 of the Code of Criminal Procedure in the absence of the accused. The Court held that the High Court's decision to set aside the Metropolitan Magistrate's order and direct a police inquiry was improper, as it disregarded the procedural requirements under Section 200 and Section 156(3) of the Code. The Court emphasized that the complainant should lead evidence as directed by the Magistrate, thereby upholding the lower court's order.