Rejection of Criminal Complaint under BNSS - Courts have rejected applications for consolidating trials, dismissing Section 482 Cr.P.C. or Section 70 Cr.P.C. petitions, often citing procedural or jurisdictional grounds, and allowing liberty to refile under relevant sections like Section 528 of BNSS. Main points include procedural dismissals and procedural safeguards Deepak Agarwal VS Navdeep Nagalia - Crimes, Kanhaiya vs State of U.P. - Allahabad.
Section 528 of BNSS - Recognized as a specific provision for filing or re-filing criminal complaints or applications after initial rejection, often invoked when courts dismiss applications under other sections or procedural rules Deepak Agarwal VS Navdeep Nagalia - Crimes, Kanhaiya vs State of U.P. - Allahabad.
Maintainability of Applications - Many applications under Section 482 Cr.P.C. or similar provisions are dismissed if not maintainable post-enactment of BNSS, especially when procedural requirements are not met or when courts find the applications are not within their jurisdiction Kanhaiya vs State of U.P. - Allahabad, Chhote Lal vs State of Nct of Delhi - Delhi.
Personal Appearance and Bond Issues - Orders rejecting applications for personal bond or appearance under Sections 88, 70 Cr.P.C., and BNSS highlight procedural compliance issues, non-compliance with court directions, or the absence of necessary formalities as grounds for rejection Navneet Bhadauria VS State Of Uttar Pradesh Thru. Prin. Secy. Home Lko - Allahabad.
Bail Applications under BNSS - Bail petitions, including default bail applications, are often rejected if procedural conditions are not fulfilled or if courts find that granting bail may hamper investigation or witness protection. Rejections are upheld when procedural or substantive grounds are established Mohammed Gouse, S/o. Abdul Lateef vs State Of Karnataka, Through Gangavathi Town Police Station, Represented By State Public Prosecutor, High Court Of Karnataka, Dharwad Bench - Karnataka, Ravindra Kumar vs State of U.P. - Allahabad, SHAHAJAD TUFEL KHAN vs STATE OF MAHARASHTRA - Bombay.
Judicial Jurisdiction and Forum Selection - Courts emphasize that litigants must choose the correct forum; filing directly before higher courts without exhausting subordinate remedies is typically dismissed, underscoring adherence to jurisdictional protocols Kamlesh Kumar son of Sri Bharat Yadav vs State of Jharkhand - Jharkhand.
Case-specific Rejections and Quash Orders - Courts have quashed or dismissed orders and proceedings, including complaint cases and FIRs, when procedural lapses or jurisdictional issues are identified, or when applications lack merit, as seen in orders to quash proceedings or reject complaints Kallu vs State of U.P. - Allahabad.
Analysis and Conclusion:
Rejection of criminal complaints under BNSS predominantly hinges on procedural compliance, jurisdictional limits, and the maintainability of applications. Courts consistently emphasize adherence to procedural formalities, proper forum selection, and specific provisions like Section 528 for re-filing or challenging complaints. Rejections often serve to uphold judicial discipline and prevent misuse of legal provisions, ensuring that cases are tried in appropriate forums with proper procedural safeguards.
criminal complaints – It will be in interest of justice that all these criminal complaint cases be tried in a single trial as same ... Nagarik Suraksha Sanhita, 2023 – Sections 242 and 528] – Dishonour of cheques – Rejection of application to consolidate trial of ... (Paras 13 and 14) Result: Criminal Miscellaneous Application allowed. ... The main point to appreciate is that in the criminal complaint case for the offence under Section 138 of the N.....
... Issues: The main issue was whether the application under Section 482 Cr.P.C. was maintainable after the enactment of new criminal ... ... ... Result: Application dismissed with liberty to file under Section 528 of BNSS. ... Judicial Magistrate, Garhmukteshwar, Hapur as well as entire proceedings of Complaint Case No. 756 of 2022, Smt. Simpal Vs. Kanhaiya and others, under Section-498-A, 323, 504 IPC and Section-3/4 D.P. Act, Police Station-Bahadurgarh, District-Hapur. 3. ... In pursuance of resolution dated 22.08.2024 of the Hon'b....
necessity of personal appearance for bond acceptance under Section 88 - The applicant's non-compliance with previous orders led to the rejection ... Smt Momina Begum passed in Criminal Misc. ... First part of the impugned order dated 21.08.2024 deals with the rejection of the application preferred by the applicant under Section 70 Cr.P.C./ Section 72 BNSS. ... If the accused was not arrested by ED till filing of the complaint, while taking cognizance on a complaint under Section 44(1)(....
(A) Criminal Procedure Code, 1973 - Section 439 - Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 179 and 180 - Bail application ... If the petitioner is released on bail, he may tamper with prosecution witnesses and hamper the investigation and thus, prays for rejection of bail petition. ... Accordingly, the Court proceeds to pass the following; ORDER : BNSS -2023, which reads as under: BNSS -2023, which reads as under: “181. Statements to police and use thereof.
BNSS ”) and in view of that, it is for the litigant to choose the forum. He further submits that in view of that, the present criminal revision petition has been filed directly before the High Court. ... criminal courts do not exceed their jurisdiction, or abuse their powers vested in them by the Code. ... jurisprudence, and that subordinate criminal Courts do not exceed their jurisdiction, or abuse their powers vested in them by the Code.
Facts of the case: ... Appellant's default bail application was rejected by the Special Judge (NIA) based on non-filing of the complaint ... Section 21 - Code of Criminal Procedure, 1973 - Section 167(2) - Bharatiya Nyaya Sanhita, 2023 - Section 187(3) - Challenge to rejection ... ... ... Findings of Court: ... Court ruled that the application challenging the rejection of default bail was not maintainable due ... Nirala Yadav alias Raja Ram Yadav alias Deepak Yadav (Supra), I am of the view that the applicants were entitled to be enla....
BNSS has been filed with a prayer to quash the impugned order dated 25.08.2025 passed by the Judicial Magistrate, Court No.2, Varanasi as well as the entire criminal proceeding of Complaint Case No. 113/2010 ( Rambachan v.
This judgment addresses a bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning FIR No. ... The FIR was registered on 27.05.2023 pursuant to a written complaint lodged by one Mohd. Hamid, who alleged that he had been induced into purchasing a property bearing no. ... The present application was filed on 14.09.2024, subsequent to the rejection of bail by the Sessions Court, and is now being considered by this Court. Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 438 o....
BNSS Act. BNSS Act was added in the crime. 5. Criminal Bail Application No. 195 of 2025 filed by the Applicant before the Court of the Additional Sessions Judge, Malegaon was rejected by Order dated 02.04.2025. BNSS Act was registered initially against the Police Head Constable Kishor Vitthal Nerkar, and an unknown person. BNSS Act. In addition, the facts of the case referred to in the said decision are neither similar nor identical to the case in hand. The said decision is of no assistance to the case ....
, an employee with no criminal record, sought anticipatory bail in connection with FIR No. 81(11)2024 for serious allegations of ... (A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Sections 132, 133, 3(5), 109, 351(3) - Anticipatory bail application - The petitioner ... Criminal Major Acts. 8. Criminal Manual (2022). 9. The Constitution of India. ... powerful processes of criminal law can then be perverted for achieving extraneous ends. ... It is also submitted that under section 35(3) of BNSS#....
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