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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R. KRISHNA KUMAR
Basanagouda R. Patil S/o Ramanagouda Patil – Appellant
Versus
Shivananda S. Patil S/o Sidramappa Patil – Respondent
ORDER :
1. This petition takes exception to the impugned order at Annexure - A dated 26.03.2025 passed in PCR No.9136/2024 by XLII Additional Chief Judicial Magistrate, Bengaluru, whereby the learned Magistrate directed issuance of notice to the petitioner in terms of proviso to Section 223 (1) of BNSS , 2023.
2. Brief facts giving raise to the present petition are that the respondent - complainant filed memorandum of complaint dated 15.07.2024 under Section 223 of BNSS , 2023, against the petitioner - accused for alleged offence under Section 356 of BNSS , 2023. In the first instance, the Trial Court vide order dated 16.07.2024 took cognizance and issued summons to the petitioner, who approached this Court in Crl.P.No.7526/2024, which was allowed and disposed of vide order dated 27.09.2024 remitting the matter back to the learned Magistrate for reconsideration afresh in accordance with law.
3. In pursuance of the same, learned Magistrate once again passed an order dated 03.12.2024 and issued a notice in terms of proviso to Section 223 (1) of BNSS , 2023 to the petitioner - accused without enclosing copies of the complaint, documents, sworn statements etc., so as to enable the pet
The issuance of notice to the accused prior to the examination of the complainant on oath violates the procedural requirements established under Section 223 of BNSS, 2023.
The court established that under Section 223 of the BNSS, a Magistrate must examine the complainant on oath before issuing notice to the accused, ensuring procedural fairness.
The court clarified that under Section 223(1) of BNSS, a Magistrate must examine the complainant and witnesses before taking cognizance and issuing notice to the accused.
Cognizance of offences – Notice is to be issued to accused only after examination of Complainant and present witnesses.
The issuance of notice by a Magistrate without recording complainant statements contravenes statutory procedures, rendering the notice invalid.
A Magistrate must examine the complainants and witnesses before issuing notices to the accused under Section 223(1) of BNSS, 2023, ensuring compliance with procedural mandates.
The court established that a magistrate must provide an opportunity for the accused to be heard before taking cognizance of criminal complaints, ensuring adherence to procedural justice under Section....
Executive Magistrate must pass written order under Section 130 BNSS setting forth substance of information before issuing show cause under Section 126; mechanical notices insufficient and confer no j....
The court emphasized the necessity for a Magistrate to provide the accused an opportunity to be heard before taking cognizance of complaints as mandated by the BNSS.
The court emphasized that under Section 223(1) of BNSS, a Magistrate must examine the complainant and provide the accused an opportunity to be heard before taking cognizance of an offence.
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