AI Structured Summary
Not yet generated for this judgment
Judgment
G. Satapathy, J.
The present criminal revision is directed against the impugned order dated 25.06.2026 passed by learned JMFC(CT), Khordha in ICC Case No. 06 of 2024.
Heard Saubhagya Ketan Nayak, learned counsel for the revision-petitioner, but this Court considers it proper to dispose of the revision at the threshold of admission since the mandatory requirement of law U/S. 223 of BNSS has not been followed.
Admittedly, the learned JMFC(CT), has passed the following order while taking cognizance of offences:
“The case record is put up today on the strength of the advanced petition filed by ld. Advocate for the complt. The ld. Advocate for the complt. files a close not to give further witness. The same is accepted. I have gone through the averments of the complaint petition, statement of the complainant and the statement of two witnesses recorded during inquiry u/s 202 Cr.P.C. On conjoint reading of the aforesaid material on record, I find a prima-facie case against the accused persons namely l.Sarbeswar Bhol, 2. Soumyaranjan Bhol, and 3. Swapneswar Bhol for the offences U/s.294/323/ 341/307/379/506/34 of IPC. Accordingly, cognizance of the offences U/s. 294/323/341/307/379/506/34 of IPC is taken. Complainant is directed to file the process fee and requisites within 7 days for issuance of summons to the accused persons. Put up on 12.07.26 for filing of requisites.”
A bare scrutiny of the aforesaid order, nowhere it discloses about hearing of the accused-cum-revision petitioners, but the first proviso to Sec. 223 of BNSS mandates that no cognizance of offence shall be taken by the Magistrate without giving the accused an opportunity being heard and Sec. 223 of BNSS in fact provides the procedure for examination of the complaint instituted by him or her. Since the order impugned herein having been passed without following the mandatory provisions of law, the same needs to be set aside and is accordingly set aside.
In the result, the criminal revision stands allowed and the matter is remitted back to the learned JMFC(CT), Khordha for fresh disposal in accordance with law by following the necessary procedure prescribed for taking cognizance of offences in a complaint.