MOHD. MAJAHIR Vs. SHABANA

JUDGEMENT

(1.) By means of present C528 application, applicants have challenged the summoning order dtd. 10/11/2025 along with the prayer to quash the entire proceedings of Complaint Case No.51 of 2025, Smt. Shabana v. Mohd. Majahir and others pending before the Third Judicial Magistrate, Haridwar, whereby cognizance has been taken against the applicants and they have been summoned to face trial under Ss. 115(2), 352, 351(3) of BNS 2023.

(2.) Learned counsel for the applicants has challenged the summoning order on the premise that the cognizance taken by the Magistrate is bad in the eyes of law; it was a complaint filed by the respondent-complainant and after examination of complainant and her witnesses, the Magistrate was under a legal duty to give opportunity of hearing to the applicants-accused before taking cognizance. In support of his submission, he has placed reliance upon the First Proviso attached to Sec. 223 of BNSS, 2023. For convenience sake, relevant portion of Sec. 223 of BNSS, 2023 along with the said Proviso is quoted hereinbelow: -

(3.) From a perusal of the impugned order, it nowhere transpires that before taking the cognizance, the accused-applicants were given opportunity of hearing as per law.