Accused must be heard before cognizance under BNSS, Patna High Court rules while quashing case against Bihar Cricket Association president

Opposite Party No. 2 initially filed Complaint Case No. 12294 of 2022, which was referred for investigation under Section 156(3) CrPC and led to Kadamkuan P.S. Case No. 281 of 2023.

The petitioner sought quashing of that FIR under Section 482 CrPC.

After the police submitted a final form finding the case untrue, the Magistrate accepted it and treated an earlier protest petition as a complaint; on 5 May 2025, the Magistrate took cognizance against the petitioner under Section 384 IPC and issued summons.

The petitioner challenged that order by interlocutory application in the pending quashing case.

The High Court entertained the challenge despite the objection that a separate application was required, noting the identical allegations and the advanced stage of the pending matter.

On the merits, the petitioner argued that the allegations were malicious, that he was in Mumbai at the relevant time, and that no notice had been issued to him before cognizance as required by the proviso to Section 223 BNSS.

1. Whether the challenge to the order taking cognizance in the protest-petition-turned-complaint could be considered through an interlocutory application in the pending Section 482 CrPC proceeding, rather than by a separate application.

2. Whether the complaint and the material recorded disclosed a prima facie offence under Section 384 IPC against the petitioner.

3. Whether taking cognizance without first issuing notice to and hearing the petitioner violated the proviso to Section 223(1) BNSS.

Section 482 CrPC (and its successor, Section 528 BNSS) empowers the High Court to prevent abuse of process and secure the ends of justice; procedural objections may, where the circumstances warrant and no serious prejudice is caused, yield to substantial justice.

Under Section 384 IPC, extortion requires intentionally putting a person in fear of injury and thereby dishonestly inducing that person to deliver property or valuable security.

The proviso to Section 223(1) BNSS requires the accused to be given an opportunity of hearing before cognizance is taken on a complaint; the Court relied on Umar & Anr. v. State of Uttar Pradesh & Anr. and Kushal Kumar Agarwal v. Enforcement Directorate in treating that requirement as a statutory safeguard, not a mere formality.

Pepsi Foods Ltd. v. Judicial Magistrate and Krishna Lal Chawla v. State of U.P. require a Magistrate to apply judicial mind before summoning an accused.

Under State of Haryana v. Bhajan Lal, proceedings may be quashed where the allegations do not disclose an offence or are manifestly frivolous, vexatious, or malicious.

The Court held that, although a separate application would ordinarily have been appropriate after the FIR proceedings ended in acceptance of the final form, requiring one in the circumstances would cause unnecessary delay and multiplicity of litigation; the allegations in the complaint were identical to those already before the Court.

On the merits, the complaint did not identify when the petitioner allegedly demanded support or threatened the complainant, and the alleged conduct of the Delhi Police was linked to the petitioner only by an unsupported assertion that it was done at his instruction.

The Court also noted that the petitioner was not at the place of occurrence and that the materials did not establish the fear, inducement, or delivery of property required for extortion.

Further, the Magistrate’s report confirmed that no notice had been issued to the petitioner before cognizance, contrary to Section 223(1)’s proviso.

The Court found the cognizance order mechanical and the prosecution vexatious, so remand for a fresh hearing would serve no legitimate purpose.

Finding the case within categories (1), (5), and (7) of Bhajan Lal, the Court quashed the criminal proceedings against the petitioner, including the order dated 5 May 2025 in Complaint Case No. 15721(C) of 2024.

The application and I.A. No. 1 of 2025 were allowed.