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2026 Supreme(Online)(Mad) 36013

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Mr.Shekhar Mehta – Appellant
Versus
C.Baskar – Respondent


Advocates:
For the Appellants/Petitioners: Mr.M.Jerin Mathew
For the Respondents: Mr.A.Ramesh Senior Counsel For Mr.R.L.Dhilipan Pandian

Table of Content
1. factual background of private complaint filing. (Para 2)
2. petitioners argue procedural violation and no offence. (Para 3 , 4 , 5)
3. respondent: petition premature; no cognizance taken. (Para 6 , 7)
4. analysis of section 223 bnss on cognizance. (Para 9 , 10 , 11)
5. supreme court: sworn statement not cognizance. (Para 12 , 13)
6. no cognizance; petition dismissed, merits to magistrate. (Para 14 , 15 , 16 , 17)

O R D E R

The present petition has been filed by accused Nos.2 to 4 in Crl.M.P.No.2684 of 202 on the file of the Judicial Magistrate No.I, Karur seeking to quash the above said proceedings.

(A).Factual Background:

2.A perusal of the records reveal that the respondent herein had filed the above the said private complaint under Section 2 (1)(h) r/w Section 223 of BNSS to take the complaint on file as against the present petitioners for the offence punishable under Section 356 of Bharatiya Nyaya Sanhita, 2023 ( Section 500 of I.P.C.). This complaint was lodged on 31.07.2025. The sworn statement of the complainant was recorded by the Court and a notice was issued to the petitioners herein for their appearance on 09.01.2026 enclosing the copy of the complaint and th

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