This blog discusses whether an accused has a right to be heard before a Magistrate issues summons in a complaint case. It explains the legal position that, at the pre-summoning stage, the accused ordinarily has no right of audience once the court has taken cognizance and is considering issuance of process.
Complaint
Magistrate has treated my case as complaint and refused to direct investigation
This article discusses the legal remedies available when a Magistrate declines to order police investigation under Section 156(3) CrPC and instead treats the matter as a complaint case. It examines the distinction between a police investigation and a private complaint, the discretionary powers of the Magistrate, and the circumstances in which such an order may be challenged before a revisional court or the High Court.