2025 (7) TMI 1526

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....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 following prayers: "A) Quash and set aside ....

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.... 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 with Section 108 of the Customs Act, 1963, on 07.04.2025. ....

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....n 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 of his official duties or a Court has made the complaint; or (b) if the Magistrate makes ove....

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....agistrate 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 [2025 INSC 760], present petition deserves consideration. 7. In the result, present petition is allowed. The ....