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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW
SAURABH LAVANIA
Mayank Tripathi – Appellant
Versus
State of U.P. Thru. Prin. Secy. Home Lko. – Respondent
| Table of Content |
|---|
| 1. application seeking quash of criminal proceeding. (Para 3 , 5 , 6) |
| 2. procedural requirements before taking cognizance. (Para 4 , 7 , 11) |
| 3. interpretation of section 223 and procedural adherence. (Para 8 , 10) |
| 4. masgistrate's obligation to provide an opportunity of hearing. (Para 12 , 14) |
| 5. order quashed for failure to follow legal procedure. (Para 18) |
JUDGMENT :
Saurabh Lavania, J.
1. Heard Sri Prabhu Ranjan Tripathi, learned counsel for the applicant and learned A.G.A. for the State.
2. In view of the settled legal position, this Court is not inclined to issue notice to opposite party no.2.
3. The applicants have instituted instant application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (here-in-after referred as BNSS) seeking following relief(s):-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the entire criminal proceeding of Criminal Case No. 5554 of 2024 inclusive of impugned summoning order dated 04.10.2024 passed by Additional Civil Judge (S.D.)-I/Additional Chief Judicial Magistrate, Sultanpur, by which the learned Court below has summoned the petitioners in routine and mechanical manner i
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 must conduct an inquiry under Section 202 Cr.P.C. before issuing process against accused residing outside jurisdiction to prevent harassment through false complaints.
The Magistrate's duty to conduct an inquiry under Section 202 CrPC before issuing process against an accused residing outside the court's jurisdiction is mandatory and not merely directory, and the M....
For summoning under Section 138 of the NI Act, recording of statements under Sections 200 and 202 Cr.P.C. is not required, and the evidence of the complainant may be given by affidavit as per Section....
The inquiry under Section 202 Cr.P.C. is mandatory before issuing summons to an accused residing outside the jurisdiction, as established by the Supreme Court.
The inquiry under Section 202 Cr.P.C. is mandatory when the accused resides beyond the Magistrate's jurisdiction, and summoning an accused in a criminal case is a serious matter requiring the applica....
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.
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