BENGALURU: The Karnataka High Court asked the state government to frame rules under BNSS to be followed by police while dealing with non-cognisable cases. “It is to be noted that though BNSS 2023 came into force on July 1, 2024, till today, no rules have been framed by the state. It is expected that the state would take necessary steps at the earliest,” said Justice V Srishananda, directing that a copy of the order be forwarded to law department.
The judge passed the order while allowing the petition filed by Asif and Mahboob from Lingsugur in Raichur, challenging a local trial court order of taking cognisance and issuing summons in August 2024.
The accused were booked by Hutti police on July 16, 2024, for an offence punishable under Section 79(III) of the Karnataka Police Act, for allegedly indulging in matka in Hutti town.
Later, a chargesheet was filed against them. Arguing that police did not follow procedure under Section 174 of BNSS 2023, counsel for the petitioners sought the quashing of pending criminal proceedings. However, the government advocate defended the registration of the crime and chargesheet.
After hearing both parties, the court said the offence alleged against the petitioners is non-cognizable in nature. The Station House Officer not only registered the case but also investigated the matter and filed the final report. As it is not in accordance with law, the impugned criminal proceedings have to be quashed, the court said.