BENGALURU: The Karnataka High Court on Friday quashed a defamation case against MLA Basanagouda R Patil Yatnal, filed by Minister Shivananda S Patil, owing to procedure not being followed under the Bharatiya Nyaya Suraksha Sanhita (BNSS).
“The magistrate has to issue a notice to the accused, who is given an opportunity of being heard. Therefore, notice shall be issued to the accused and after hearing the accused, take cognizance and regulate its procedure thereafter,” said Justice M Nagaprasanna while allowing the petition filed by Yatnal. Patil filed the case against Yatnal under Section 223 of BNSS, which is Section 200 in CrPC, for allegedly making a defamatory statement during a rally in the run-up to the Assembly polls.
The magistrate issued the notice to Yatnal, but he moved the high court, contending that it is contrary to the procedure to be adopted in law.
The court noted that Section 223 (1) of BNSS mandates that a magistrate, while taking cognisance of an offence on a complaint, should examine upon oath, the complaint and the witnesses present if any and reduce it into writing.
It is further mandated that the magistrate should take no cognisance of an offence without allowing the accused to be heard by issuing a notice. Section 227 of BNSS deals with issuance process which is like Section 204 of the CrPC. This stage is yet to arrive in the case at hand, the court said, quashing the case for not following this procedure.