Back
IN THE HIGH COURT AT CALCUTTA
Ajoy Kumar Mukherjee
Kaberi Dey – Appellant
Versus
Sourav Bhattacharjee – Respondent
JUDGMENT :
Ajoy Kumar Mukherjee, J.
1. Shorn of unnecessary details the case of the petitioners herein is that on 12th September, 2024 a complaint was filed by the opposite party herein before the court of learned Chief Judicial Magistrate (in short CJM), At Jalpaiguri against the petitioners herein, alleging commission of offence punishable under sections 115(1) /115(2) /118(1) /117(2) /126(1) /329(3)/351(2)/351(3) of the Bharatiya Nyaya Sanhita, 2023 ( in short BNS, 2023). On September 13th 2024 said CJM was pleased to take cognizance straightway on perusal of complaint and transferred the case to the court of learned judicial Magistrate 1st Court, for disposal in contravention of section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short BNSS) without affording an opportunity to the petitioners of being heard before taking such cognizance. On 13th November, 2024 the opposite party herein was examined and his statement on solemn affirmation was recorded and the trial Magistrate fixed 16th December, 2024 for filing of requisites. On filing of requisites by the opposite party, learned trial Magistrate issued process to the petitioners.
2. Being aggrieved by and dissatisf
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.
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.
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 denial of an opportunity for a hearing before taking cognizance vitiates the cognizance order and subsequent proceedings under the Prevention of Money-Laundering Act, constituting a violation of ....
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.
A magistrate must adhere to procedural safeguards, including providing the accused a hearing before taking cognizance, as mandated by Section 223 of BNSS; failure to comply renders the cognizance ord....
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....
The court upheld that cognizance is taken of the offence rather than the offender, enabling supplementary complaints without violating prior hearing mandates, confirming no sanction under Section 197....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
