interlocutory order, which could not be challenged by a prospective accused who had no locus standi at the stage of investigation, hence a Criminal Revision ... accused of being heard and to discharge the accused for reasons to be recorded in case the Magistrate considers the charge against the accused
against an order rejecting an application under Section 156 (3) , the prospective accused is also a necessary party and is required to be heard before ... nonetheless interlocutory in nature, it could not be challenged by a prospective accused who has no locus standi at the stage of investigation and, hence
judgment in Chandra Deo (supra), which acknowledges that a prospective
accused is not precluded from being present when an inquiry is held by a
Magistrate ... used in
Section 407 (2) is wide enough to cover a prospective accused. The words
used in Section 407 are "whenever it is made
settled law that prior to issuance of summons, a prospective
accused has no right to participate in the proceedings and the law
actually bars ... erred in staying the proceedings on
the ground that prospective accused has not been heard. It is settled
law that Chapter XVI of the CrPC
opposition to the application were raised including the plea that the prospective accused is a juvenile.
14. Ultimately, Court below on the pleadings raised ... statement under Section 161 Cr.P.C., a prospective accused should not be summoned, It is thus urged that in view of above, no cast
Police Station-Modinagar, District-Ghaziabad, whereby the prospective accused i.e. the revisionists herein namely Aditya Chauhan, Yash Tomar (who is named but not charge ... came to the conclusion that the prospective accused are liable to be summoned to face trial in aforementioned Sessions Trial. Accordingly, Court below, vide order
Shankar Singh, the learned counsel representing opposite parties 2 to 6/prospective accused.
2. Perused the record.
3. This criminal revision has been filed challenging ... prospective accused were liable to be summoned by this Court. Since the criminality committed by the charge sheeted accused as well as the prospective accused
prosecution/first informant (paper No. 95 Kha-1) for summoning the prospective accused i.e. named but not charge sheeted has been rejected by Court ... examined upto this stage, the complicity of the prospective accused (named but not charge sheeted) i.e. opposite parties 2, 3 and 4 (herein
been allowed and consequently, the revisionist Adesh, who is a prospective accused (named but not charge sheeted accused), has been summoned by Court below under ... filed by the prosecution/first informant and consequently, summoned the prospective accused i.e. the revisionist to face trial in above mentioned Sessions Trial
that no good ground has been made out to summon the prospective accused. Accordingly, by means of the order impugned dated 07.09.2022, Court below rejected ... Supreme Court has now clarified that a prospective accused can be summoned even on the basis of statement-in-chief of a solitary prosecution witness
