2025 (7) TMI 1526

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....For the Applicant No. 1 : Mr. Maulik Vakhariya (6628). For the Respondent No. 2 : Mr. Utkarsh R Sharma (6157). For the Respondent No. 1 : Mr. Manan Maheta, App. ORAL ORDER 1. Rule. Learned APP waives service of rule for the respondent-State. 2. By way of present petition under Article 226 of the Constitution of India read with Section 528 of the BNSS, the petitioner has sought for the ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....herein, the learned Magistrate was pleased to pass an order below Exh.1 and come to a conclusion that the complainant is a Government Agency and therefore, there is no need to take verification of complainant as per Section 223(a) of the Bharatiya Nagarik Suraksha Sanhita (for short "BNSS") and was pleased to register the complaint and issue the summons under Sections 208 and 210 of the BNSS read ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e witnesses, and also by the Magistrate: Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard: Provided further that when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses - (a) if a public servant acting or purporting to act in the discharge o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....gistrate has taken the cognizance. Admittedly, an opportunity of being heard was not given by the learned Magistrate to the present petitioner - accused before taking the cognizance on the said ground and considering the statutory provision of Section 223 of the BNSS and in light of the judgment passed by the Hon'ble Apex Court in the case of Kushal Kumar Agarwal Vs. Directorate of Enforcement [20....