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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
PRAVEEN KUMAR GIRI
Prempal – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
PRAVEEN KUMAR GIRI, J.
1. The present Criminal Miscellaneous Application has been instituted under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) (corresponding to Section 482 of the Code of Criminal Procedure) with a prayer to the quash the impugned charge-sheet dated 05.10.2024 arising out of N.C.R. No. 178 of 2024, registered under Sections 115(2) and 352 of the BNS at Police Station Tilhar, District Shahjahanpur, along with the summoning order dated 11.12.2024 passed in Case No. 12922/2024 (State vs. Prempal).
2. The brief fact of case are that on the written information of the opposite party No.2 regarding the alleged incident dated 10.08.2024 occurred at 2.30 p.m., Non-cognizable Report as per section 174 Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 (corresponding Section 155 Cr.P.C.) was registered as N.C.R. No. 178 of 2024, under sections 115(2) Bharatiya Nyaya Sanhita (corresponding section 323 I.P.C.) and section 352 Bharatiya Nyaya Sanhita (corresponding section 504 I.P.C.) in Police Station- Tilhar, District-Shahjahanpur on 10.08.2024 against the alleged accused persons/applicants.
3. The allegation mentioned in the N.C.R. is that the oppos
Judicial Magistrates must follow procedural requirements for taking cognizance of non-cognizable offenses, treating police reports as complaints and ensuring fair opportunity to the accused.
The court emphasized the necessity for adherence to legal procedure in cognizance of non-cognizable offences, reinforcing the right to fair trial and requiring written complaints for filing concernin....
Cognizance of non-cognizable offences must follow complaint procedure, and any delay in cognizance is barred by limitation under the Code of Criminal Procedure.
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.
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....
When information of a cognizable offence is received or such commission is suspected, proper police officer has authority to enter in investigation of same but where information relates to a non-cogn....
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....
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