BASANAGOUDA R. PATIL Vs. SHIVANANDA S. PATIL

JUDGEMENT

(1.) This petition takes exception to the impugned order at Annexure - A dtd. 26/3/2025 passed in PCR No.9136/2024 by XLII Additional Chief Judicial Magistrate, Bengaluru, whereby the learned Magistrate directed issuance of notice to the petitioner in terms of proviso to Sec. 223(1) of BNSS, 2023.

(2.) Brief facts giving raise to the present petition are that the respondent - complainant filed memorandum of complaint dtd. 15/7/2024 under Sec. 223 of BNSS, 2023, against the petitioner - accused for alleged offence under Sec. 356 of BNSS, 2023. In the first instance, the Trial Court vide order dtd. 16/7/2024 took cognizance and issued summons to the petitioner, who approached this Court in Crl.P.No.7526/2024, which was allowed and disposed of vide order dtd. 27/9/2024 remitting the matter back to the learned Magistrate for reconsideration afresh in accordance with law.

(3.) In pursuance of the same, learned Magistrate once again passed an order dtd. 3/12/2024 and issued a notice in terms of proviso to Sec. 223(1) of BNSS, 2023 to the petitioner - accused without enclosing copies of the complaint, documents, sworn statements etc., so as to enable the petitioner to have his say in the matter. Under these circumstances, alleging that there were violation of principles of natural justice, which are inbuilt into the proviso to Sec. 223(1) of BNSS, 2023, the petitioner once again approached this Court in Crl.P.No.13872/2024, which was allowed and disposed of vide final order dtd. 7/3/2025 once again remitting the matter back to the learned Magistrate for reconsideration afresh in accordance with law.