#magistrate procedure

The Karnataka High Court ruled that a Magistrate cannot take cognizance of a protest petition without first examining the police 'B' report, reinforcing the principle of natural justice in criminal proceedings. This judgment mandates judicial scrutiny of closure reports before accepting complaints, impacting procedural fairness in criminal trials.

Allahabad HC ruled that summoning orders issued without completing the mandatory inquiry under Section 202(1) CrPC-especially for non-resident accused-are illegal. The court quashed summoning orders where the Magistrate failed to examine witnesses or await the inquiry report, reinforcing procedural compliance as a safeguard against arbitrary process.

The Punjab & Haryana High Court has ruled that magistrates cannot accept police cancellation reports without giving the complainant a meaningful opportunity to be heard, reinforcing natural justice as a non-negotiable procedural requirement in criminal investigations. This sets a binding precedent for all magistrates handling cancellation reports under BNSS, ensuring complainants are not sidelined at the earliest stage of case disposal.