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