Judgment briefs
Supreme Court of India

Kushal Kumar Agarwal v. Directorate of Enforcement

An opportunity of being heard was not given by the Special Judge to the appellant-accused before taking cognizance of the offence on…

Partly allowed
Court
Supreme Court of India
Decided
9 May 2025
Citation
[2025] 5 S.C.R. 730
Case no.
CRIMINAL APPEAL No. 2749/2025
Bench
Abhay S. Oka, Ujjal Bhuyan

Issue for consideration

An opportunity of being heard was not given by the Special Judge to the appellant-accused before taking cognizance of the offence on the complaint. Whether opportunity of being heard is required in terms of the proviso to sub-section (1) of s.223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 – Proviso to sub-section (1) of s.223 – Prevention of Money Laundering Act, 2002 – s.44(1)(b) – Examination of complaint u/s. 223 BNSS – Opportunity of being heard to the accused – In this case, admittedly, an opportunity of being heard

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