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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