Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (1) TMI 1469 - HC - Indian LawsDemand of dowry - Seeking direction for registration of FIR and investigation against the accused persons - cognizable offence(s) - right of accused of hearing before registration of FIR - HELD THAT:- In UNION OF INDIA AND ANOTHER VERSUS W.N. CHADHA [1992 (12) TMI 216 - SUPREME COURT], popularly known as 'Bofors Case', the High Court quashed the orders of the criminal Court who had issued letter rogatory against the person, on the ground that the Special Judge has not complied with the principle of audi alteram partem - the Supreme Court in W.N. Chadha has also considered the application of rule of audi alteram partem at the stage of registration of FIR in paras 76 to 90 of the report. It is an absolutely settled legal position that a prospective accused has no right of hearing before registration of FIR and investigation by the police officer or before the Court including the writ Court, therefore, in a writ petition seeking direction for registration of FIR and investigation into a cognizable offence, the prospective accused is neither necessary nor a proper party. Since only the stated question was referred to the Full Bench the file of the writ petition is sent back for listing the same before the appropriate Bench having the roster - Reference is answered accordingly.
|