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Judgment
Pankaj Purohit, J
By means of this writ petition, the petitioner has sought indulgence of this Court for commanding respondent nos.1 & 2 to comply the provisions contained under Section 35 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as B.N.S.S.), corresponding Section 41-A of Cr.P.C. before taking any coercive action against the petitioner pursuant to FIR No.0156 of 2023 dated 06.07.2023 punishable under Section 420 of IPC.
Heard learned counsel for the parties.
From the perusal of the FIR it transpires that it is a case of online cheating committed by the persons, whose name was subsequently revealed during investigation. So far as extending the benefit of Section 35 of B.N.S.S. is concerned, it is submitted by the learned counsel for the respondents State that against the petitioner proceedings under Section 84 and 85 of B.N.S.S. under Section 82/83 of (Cr.P.C.) have already been initiated and, therefore, at this juncture there is no need to issue notice under Section 35 of B.N.S.S. Act.
This Court feels that in such a case where allegations of online cheating is there, this Court should decline to interfere in the matter exercising its extra ordinary jurisdiction under Article 226 of the Constitution of India.
Accordingly the writ petition is dismissed in-limine.