Manharibhai Muljibhai Kakadia & Anr vs Shaileshbhai Mohanbhai Patel & Ors

The Supreme Court held that under Section 401(2) of the Criminal Procedure Code, 1973, a suspect is entitled to be heard in a revision application filed by the complainant challenging the dismissal of a complaint under Section 203. The Court emphasized that any order affecting the rights of the accused must provide them an opportunity to be heard, as the acceptance of a summary report could lead to the revival of criminal proceedings, which would be prejudicial to the accused. The appeal was allowed, affirming the right of the appellants to participate in the revision proceedings.