P&H: S.401(2) - Complainant need not be impleaded in criminal revision, but must have effective opportunity of hearing

punjab-haryana
⚖️ Order Date: 28 Jul 2026
Headnotes

(i) Criminal Procedure Code, 1973, S.401(2) — Criminal Revision — Opportunity of hearing — In a revision petition preferred by an accused, the complainant is not mandatorily required to be impleaded as party, but an effective opportunity of being heard must be afforded before any...

(ii) Criminal Procedure, 1973 Code, S.401(2) — Criminal revision — Impleadment of complainant — The mandate of law is satisfied by extending an effective opportunity of hearing and the statute does not require the complainant to be arrayed as a party to the revision petition....

(iii) Criminal Procedure Code, 1973, Section 401(2) — Criminal revision — Natural justice — Where complainant was neither impleaded nor heard in the revision proceedings, revisional order was set aside and matter was remitted back. (Para 9)


Facts of the Case

P&H: S.401(2) - Complainant need not be impleaded in criminal revision, but must have effective opportunity of hearing

The Punjab and Haryana High Court has clarified that a complainant is not required to be formally impleaded as a party in a criminal revision petition filed by an accused, but must be given an effective opportunity of hearing before any adverse order is passed.

Justice Manisha Batra was hearing a revision petition filed by Vaibhav, who challenged an order of the Additional Sessions Judge, Sonipat. The revisional court had earlier set aside a trial court order that had summoned respondent No. 2 as an additional accused under Section 319 of the Code of Criminal Procedure in a case arising...

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