2026 (9) TMI 1657

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....s) : Dhananjay Awasthi ORDER 1. Heard Sri Markandey Rai, learned counsel along with Sri Pradeep Kumar Rai, learned counsel for the applicant and Sri Dhananjay Awasthi, learned counsel for the CGST. 2. The present application has been filed by the applicant for quashing the impugned cognizance order dated 29.1.2025 passed by Special Chief Judicial Magistrate, Meerut in Complaint Case No. 1....

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....d counsel for opposite party submits that impugned order dated 29.1.2025 has been passed without giving any opportunity of hearing to the applicant in compliance of the provisions of Section 223 of the BNSS. Section 223 of BNSS is quoted hereinbelow:- "223. Examination of complainant.-(1) A Magistrate having jurisdiction while taking cognizance of an offence on complaint shall examine upo....

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....e case to another Magistrate under section 212 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them. (2) A Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been committed in course of the discharge of his official functions or duties unless- (a) such public servant is given an....