BAL MANOHAR JALAN vs SUNIL PASWAN

The Supreme Court held that the High Court's order under Section 401 of the Criminal Procedure Code, which remanded a case to treat a protest-cum-complaint petition as a complaint, violated the appellant's right to be heard as mandated by Section 401(2). The Court emphasized that no order detrimental to the accused can be made without providing an opportunity for defense. Consequently, the Supreme Court set aside the High Court's order and restored the decision of the Additional Chief Judicial Magistrate, thereby upholding the rights of the accused.