Notice to Complainant at Cognizance Stage
Criminal Revision Filed against Charges u/s 399 CrPC, by the accused at DJ Court. DJ assigned the matter to be heard by the ADJ Court. The revision application is still at Cognizance Stage. Not satisfied by the proceedings the accused approaches the DJ again u/s 408 CrPC for transfer to other Court. The DJ orders issuance of notice to the complainant!
1. Is the order of DJ good in Law keeping in mind the fact that the Revision Application is at the stage of cognizance and the question of issuance of notice to the complainant would arise only if cognizance is taken of!
2. Even when the cognizance is taken of, whom would the notice be issued to? The complainant or the State (Through PP)? Once the case is remanded for trial, the complainant is merely a witness and it is the State which is the party?
In view of the above should the order of DJ to issue notice to the complainant be challenged?
