Accused's right to be heard before cognizance under BNSS Section 223 led to restoration of applications for fresh consideration.

Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was invoked to argue that, in a complaint case, cognizance should not be taken without hearing the accused. The High Court's earlier direction had already clarified that, once criminal prosecution is initiated, the accused may raise all available defences before the competent criminal court and seek appropriate orders at that stage. On that basis, the Magistrate's order declining to entertain the accused's application before issuance of process was held unsustainable, and the applications were restored to the Magistrate for fresh consideration in accordance with law.

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Issues: Whether the Magistrate's order declining to entertain the accused's application before issuance of process was liable to be quashed in view of Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the earlier order of the High Court.

Analysis: The earlier order had clarified that, once criminal prosecution was initiated, the accused could raise all available defences before the competent criminal court and, if necessary, seek appropriate orders at that stage. Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was relied upon to contend that, in a complaint case, cognizance is not to be taken without giving the accused an opportunity of being heard. In the circumstances, the impugned order could not be sustained and the applications deserved to be placed back before the Magistrate for consideration in accordance with law.

Conclusion: The impugned order was quashed and set aside, and the applications were restored to the Magistrate for fresh decision in accordance with law.

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