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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Manoj Kumar Dugar S/o Late Mal Chand Dugar – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. facts surrounding the complaint and previous fir. (Para 2 , 3 , 19) |
| 2. arguments presented by both parties regarding the quashing application. (Para 4 , 5) |
| 3. discussion on the interpretation and application of the bnss. (Para 7 , 12 , 14) |
| 4. ratios concerning the procedural reforms introduced by the new laws. (Para 8 , 9 , 11 , 13 , 15) |
| 5. conclusion concerning the quashing of the magistrate's order. (Para 20 , 21) |
JUDGMENT :
PURNENDU SINGH, J.
1. Heard Mr. Ravi Ranjan, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.
2. The present application has been filed under Section 528 of the BNSS, 2023 for quashing of the Summoning Order dated 27.08.2025 and all consequential proceedings arising out of the Complaint Case No. 130C/2025 (Ladli Khatoon v. Manoj Dugar & Anr.) pending before the Learned JMFC-cum-Civil Judge (Jr. Div.)-II, Kishanganj, whereby and whereunder, the learned Magistrate erroneously took cognizance of offences and passed summoning order dated 27.08.2025 against the petitioner under Section 126(2), 115(2), 318(4), 352, read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution story, in
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.
Recording complainant's sworn statement under Section 223 BNSS does not amount to taking cognizance; it is pre-cognizance material collection requiring accused hearing.
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....
Cognizance of offences – Notice is to be issued to accused only after examination of Complainant and present witnesses.
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 held that failure to provide an opportunity for hearing before summoning accused is a violation of procedural rights and Article 21 of the Constitution.
The requirement for the accused to be heard before taking cognizance of an offence is now mandatory under Section 223 of the B.N.S.S., marking a critical procedural safeguard.
The magistrate can take cognizance of offences based on personal knowledge or information under BNSS, 2023, enabling summons even without prior witness examination or formal complaint, while also all....
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.
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