#summons issuance

Telangana High Court rules that magistrates must provide accused an opportunity of being heard before taking cognizance under Section 223(1) of Bharatiya Nyaya Sanhita, 2023. Non-compliance renders summons issuance void ab initio, reinforcing natural justice in criminal proceedings and setting a binding precedent for procedural fairness.

The Telangana High Court ruled that a Magistrate must record reasons and apply judicial mind before issuing summons under Section 204 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Rubber-stamp issuance of summons without due application of mind renders the proceedings invalid, affecting criminal trial procedures and safeguarding accused rights against arbitrary prosecution.

High Court at Calcutta holds anticipatory bail is maintainable post-charge sheet and after summons issuance, affirming liberty under Article 21 and rejecting rigid procedural barriers.