circumstances, it is incumbent on this Court to issue notice to accused Nos.2 and 3 in Annexure- A complaint. Evidently, the said accused persons were not issued with notice by the learned Magistrate. True that in terms of the provisions under section 401 (2) Cr.P.C, no order shall be made to the prejudice of the accused or other person unless he had an opportunity of being heard either personally or by Pleader. Thus the inhibition is on the court, rather, the said provision will not confer any such right, as such, on the accused or any other person. The inhibition is that the court shall not make an order to the prejudice of the accused unless such accused or other person had an opportunity of being heard either personally or by pleader in his defence. In this case, I do not propose to pass any order which is prejudicial to accused or any other person. As already noticed earlier, evidently, the learned Magistrate had not followed the mandatory provisions under section 203 Cr.P.C for dismissing the complaint against accused Nos.2 and 3 in Annexure- A. Issuing notice to those accused persons after directing the revision petitioner to implead them as parties to this revision petition also will not and cannot serve any purpose as they
