Neha Rizvi vs State Of U.P. Thru. Its Prin. Secy. Home ...
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Allahabad High Court

Neha Rizvi vs State Of U.P. Thru. Its Prin. Secy. Home ... on 19 June, 2025

Author: Rajeev Singh

Bench: Rajeev Singh

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2025:AHC-LKO:35817
 
Court No. - 11
 
Case :- APPLICATION U/S 482 No. - 4955 of 2025
 
Applicant :- Neha Rizvi
 
Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And 6 Others
 
Counsel for Applicant :- Rajeev Prakash Saxena
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Singh,J.
 

1. Heard learned counsel for the applicant and learned A.G.A for the State and perused the record.

2. Learned counsel for the applicant submitted that the application under Section 173(4) B.N.S.S was filed which was treated as a complaint case and thereafter, without examining the complainant and his witnesses on oath, notice was issued to the applicant, which is in clear violation of the provisions mentioned in Section 223 B.N.S.S. He also relied upon the decision of this court in the cases of Prateek Agarwal versus State of U.P and another, passed in Application under Section 482 Cr.P.C No. 10390 of 2024 and Md. Muzayyn versus State of U.P and another, passed in Application under Section 482Cr.P.C/528 B.N.S.S No. 9725 of 2025, and he further requests for the kind indulgence of this court.

3. Learned A.G.A has vehemently opposed the prayer of the applicant but he does not dispute the fact that prior to the issuance of the notice, it was obligatory on the part of the Magistrate to examine the complainant and his witnesses on oath.

4. Considering the submissions of learned counsel for parties, material available on record, contents of the impugned order as well as other relevant documents including the judgments relied upon by the learned counsel for the applicant as in the aforesaid judgments, it is well settled that before issuing notice under Section 223 B.N.S.S to the accused, it is the duty of the Magistrate/concerned court to examine the complainant as well as the witnesses, if any, on oath and the substance of such examination should be reduced to writing, and thereafter, in terms of the proviso to Section 223 B.N.S.S, notice should be issued to the accused for giving him opportunity of being heard before taking cognizance, therefore, the application is allowed.

5. The order dated 17.02.2025 is hereby set aside with liberty to the court below to pass fresh orders.

Order Date :- 19.6.2025

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