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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
ANJAN MONI KALITA
Bhupendra Choudhury, S/o. Lt. Bholanath Choudhury – Appellant
Versus
Arun Choudhury – Respondent
| Table of Content |
|---|
| 1. overview of pending criminal cases against petitioners. (Para 2 , 3 , 4 , 5) |
| 2. arguments on procedural flaws in notice issuance. (Para 6 , 9 , 10) |
| 3. analysis of section 223 bnss vs. section 200 cr.p.c. (Para 12 , 13 , 15 , 17 , 20) |
| 4. conclusion on notice issuance and quashing of previous orders. (Para 22 , 27 , 28) |
| 5. final ruling remanding cases back to jmfc for proper procedure. (Para 29 , 31 , 32) |
JUDGMENT :
ANJAN MONI KALITA, J.
Heard Mr. B. Dutta, the learned Senior Counsel assisted by Mr. S. Deka, learned Counsel appearing for the Petitioners and Mr. S. K. Poddar, learned Counsel for the Respondent.
2. The instant Petition(Crl. Pet. 1126/ 2025) under Section 528 of BNSS, 2023 has been filed by the Petitioners praying for quashing of the proceeding of C.R. Case No. 144/2025 pending before the JMFC, Morigaon under Sections 303/324(4)/329(4)/3(5) of BNSS, 2023. It would be relevant to mention herein that C.R. Case No. 144/2025 was registered on the basis of a complaint lodged by one Arun Choudhury (Respondent herein) against the Petitioners before the Court of JMFC, Morigaon.
3. A similar Petition being Crl. Pet. No. 1127/2025 has been filed under Section 528 of BNS
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.
Cognizance of offences – Notice is to be issued to accused only after examination of Complainant and present witnesses.
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 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 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.
Recording complainant's sworn statement under Section 223 BNSS does not amount to taking cognizance; it is pre-cognizance material collection requiring accused hearing.
A magistrate must provide an opportunity to the accused before taking cognizance of an offence, as mandated by Section 223 of BNS-2023, highlighting the limitation on the magistrate's authority in re....
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