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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANJAY VASHISTH
Navpreet Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SANJAY VASHISTH, J.
1. By filing present petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘ BNS S , 2023’), petitioners, i.e., (i) Inspector Navpreet Singh, (ii) HC Rajwinder Singh, (iii) SC Harjit Singh, (iv) SCT Jaswinder Singh Man, have challenged the order dated 18.02.2025, passed by Ld. Judicial Magistrate First Class-cum-Illaqa Magistrate, Bathinda (in short, ‘Ld. JMIC’), whereby, while taking cognizance u/s 210(1)(c) of S , 2023 in CRM No.707, dated 18.02.2025, all the petitioners along with one SCT Gaganpreet Singh, have been summoned under Sections 103 , 238, 340 r/w 190 of Bharatiya Nyaya Sanhita, 2023 (in short, ‘ , 2023’) (corresponding Sections 302 , 201, 470/471 r/w 149 IPC ).
Material Facts: -
2. On 17.10.2024, at about 11:45 PM, Inspector Navpreet Singh69/IC, CIA.I, Bathinda deposits the dead body of deceased Bhinder Singh in the Civil Hospital, Bathinda, which is received by Dr. Rajat Sharma, MO, vide postmortem register entry No. 573 dated 17.10.2024. Subsequently, at about 4:43 AM, on 18.10.2024, Inspector Navpreet Singh enters DDR No.03 Dated 18.10.2024, PS Thermal, Bathinda which reads as under :
"Insp. Navpreet Sin
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 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 Magistrate is not required to record detailed reasons when issuing summons in response to a police report, provided there are sufficient grounds for proceeding.
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.
Point of Law : Criminal breach of trust - Conduct of the judicial officers concerned in passing orders on printed proforma by filling up the blanks without application of judicial mind is objectionab....
The mandatory requirement of recording evidence under Section 200 and 202 Cr.P.C. before summoning the accused and the limited nature of the inquiry under Section 202.
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