Prospective accused has no right of hearing before registration of FIR

Dhananjay Kumar Vs State of Chhattisgarh (Chhattisgarh High Court)

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.

FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT

1. The matter has been posted before the Full Bench for having an effective pronouncement on the following question formulated by the learned Single Judge (Sanjay K. Agrawal, J.) :

Whether in a writ petition preferred under Article 226/227 of the Constitution of India seeking direction for registration of FIR and investigation against the accused persons alleged to have committed the cognizable offence(s), the said accused persons are necessary or proper party and they are required to be noticed and heard before issuing any such writ/direction, if any ?

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