Supreme Court · 2025 INSC 760 · Decided 9 May 2025
Kushal Kumar Agarwal v. Directorate of Enforcement
- Court
- Supreme Court of India
- Citation
- 2025 INSC 760 · [2025] 5 S.C.R. 730
- Case number
- CRIMINAL APPEAL No. 2749/2025
- Decided
- 9 May 2025
- Bench
- ABHAY S. OKA, UJJAL BHUYAN (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Criminal
- Acts & sections cited
- BNSS Section 223; CrPC Section 200, 200to204; Prevention of Corruption Act; Prevention of Money Laundering Act Section 44(1)(b)
Headnote
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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