Criminal appeal under Section 14-A(1) SC/ST Act against a summoning order in a complaint case under IPC sections 323, 504, 506 and Section 3(1)(r) SC/ST Act. The court found cognizance was taken without giving the accused an opportunity of hearing as required by the proviso to Section 223(1) BNSS.
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HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 10374 of 2025
Umashankar Upadhyay And Another
.....Appellant(s)
| Versus | ||
|---|---|---|
| State of U.P. and Another | .....Respondent(s) | |
| Counsel for Appellant(s) | : Ali Hamid, Josheca Kumar Mishra |
Mukerji, Sanjay |
| Counsel for Respondent(s) | : G.A. |
|
| Court No.- 86 |
HON'BLE SHEKHAR KUMAR YADAV, J.
" 223. Examination of complainant. (1) A Magistrate having jurisdiction while taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the 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
CRLA No. 10374 of 2025
2
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 over the case for inquiry or trial to another Magistrate under section 212:Provided also that if the Magistrate makes over the case to another Magistrate under section 212 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.
(2) XXXX"
(Shekhar Kumar Yadav,J.)
November 13, 2025 Krishna*
Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether the summoning order was validly passed without giving the accused the pre-cognizance hearing required under Section 223(1) proviso BNSS?
4 provisions across 3 enactments
Umashankar Upadhyay And Another
State of U.P.
Another
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
