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Under the SEBI Act, the first proviso to Section 223(1) of the BNSS applies to a complaint filed by the Board because the Act restricts who may initiate prosecution but does not prescribe a different cognizance procedure. The provision creates a mandatory pre-cognizance opportunity of hearing for the proposed accused. Treating the Special Court as a Court of Session does not exclude that requirement. On this analysis, cognizance and consequential process issued without such hearing were quashed, with fresh consideration directed after hearing the accused; merits remained open.
Under the SEBI Act, the first proviso to Section 223(1) of the BNSS applies to a complaint filed by the Board because the Act restricts who may initiate prosecution but does not prescribe a different cognizance procedure. The provision creates a mandatory pre-cognizance opportunity of hearing for the proposed accused. Treating the Special Court as a Court of Session does not exclude that requirement. On this analysis, cognizance and consequential process issued without such hearing were quashed, with fresh consideration directed after hearing the accused; merits remained open.
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