Pre-cognizance hearing requirement under BNSS led to quashing of cognizance orders for non-compliance.

The cognizance orders were quashed because the proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires an opportunity of hearing before cognizance is taken on a complaint filed after the Code's commencement. As the statutory hearing requirement was not complied with, the earlier cognizance orders could not be sustained. The court followed the Supreme Court's ruling on the same legal question and set aside the orders dated 15.10.2024 and 04.02.2025.

---

---

Issues: Whether the cognizance order was liable to be quashed for want of opportunity of hearing under the proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Analysis: The issue was covered by the Supreme Court decision on the same legal question. Since the complaint was filed after the commencement of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the statutory hearing requirement was not complied with, the earlier cognizance orders could not stand.

Conclusion: The cognizance orders dated 15.10.2024 and 04.02.2025 were quashed and set aside.

---