Photo Courtesy: tripuratimes
Agartala: The Tripura High Court tossed a Chief Judicial Magistrate order on September 7. Justice Biswajit Palit ruled the court failed to follow new procedural rules under the Bharatiya Nagarik Suraksha Sanhita (BNSS). The judge declared the lower court's actions illegal.
The case started July 12, 2024. Kotak Mahindra Bank Ltd filed a complaint against Dipankar Majumder and Maitri Majumder under the Bharatiya Nyaya Sanhita. The CJM in West Tripura took cognisance of the complaint immediately. The magistrate skipped the mandatory step of hearing the accused. He then moved the case to another court the same day.
Section 223 of the BNSS changed the game. It demands that magistrates hear the accused before taking cognisance of an offence. Justice Palit stated, "so, an order passed on any complaint after 01.07.2024 directly taking cognisance of any offence without hearing the accused would amount to bad in law and also abuse of the process of the Court and without jurisdiction."
Prosecutors tried to save the order. They claimed no witnesses were examined and no harm was done. The High Court rejected this defense. It found that the new law explicitly forces a pre-cognisance hearing. The High Court set aside the original order and sent the case back for a do-over. Both parties must report to the CJM, West Tripura, on September 22, 2026. High Court officials will now circulate this ruling to all criminal courts across the state to ensure future compliance.
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