Closure Report -- Hearing to Complainant -- Order set aside where closure report was decided without affording complainant an opportunity of hearing
Code of Criminal Procedure, 1973, S.173 -- Closure Report -- Hearing to Complainant -- Before a court decides on a closure report, the complainant or informant must be given notice, a copy of the closure report, and an effective opportunity of hearing. This right flows from the doctrine of audi alteram partem and is not a procedural formality. Procedural fairness cannot be dispensed with merely because the court's conclusion on the closure report happens to favour the complainant.
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