High Court of Karnataka Quashes Magistrate's Order in Defamation Case for Non-Compliance with Section 223 BNSS — Mandatory Inquiry Before Issuance of Process. Court holds that Section 223 of BNSS requires the Magistrate to conduct an inquiry or investigation before issuing process in a private complaint, and failure to do so renders the order illegal.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Accused

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2026-05-18 18:08:13

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Case Note & Summary

The petitioner, Sri Basanagouda R. Patil (Yatnal), an MLA, challenged an order dated 16.07.2024 passed by the 42nd Additional Chief Judicial Magistrate, Bengaluru, in PCR No.9136/2024. The respondent, Sri Shivananda S. Patil, also an MLA, had filed a private complaint under Section 223 of the Bharatiya Nagarika Suraksha Sanhita, 2023 (BNSS), alleging that the petitioner made a defamatory speech at an election rally. The Magistrate issued process without conducting any inquiry or directing investigation as mandated by Section 223 BNSS. The petitioner approached the High Court under Section 482 CrPC (or Section 528 BNSS) to set aside the order. The High Court held that Section 223 BNSS requires the Magistrate to either inquire into the complaint or direct an investigation before issuing process. Since the Magistrate failed to do so, the order was illegal and liable to be set aside. The court allowed the petition, quashed the order, and remitted the matter back to the Magistrate for fresh consideration in accordance with law.

Headnote

A) Criminal Procedure - Private Complaint - Mandatory Inquiry under Section 223 BNSS - Section 223 of Bharatiya Nagarika Suraksha Sanhita, 2023 - The Magistrate issued process in a private complaint for defamation without conducting any inquiry or investigation as required under Section 223 BNSS. The High Court held that the provision mandates the Magistrate to either inquire into the complaint or direct an investigation before issuing process. Failure to do so renders the order illegal and liable to be set aside. (Paras 3-5)

B) Criminal Procedure - Inherent Powers - Quashing of Order - Section 482 CrPC - The High Court exercised its inherent jurisdiction under Section 482 CrPC to quash the Magistrate's order dated 16.07.2024 in PCR No.9136/2024, as the order was passed in gross violation of the mandatory procedure under Section 223 BNSS. (Para 5)

Issue of Consideration

Whether the Magistrate's order issuing process under Section 223 of BNSS without conducting an inquiry or investigation as mandated by the provision is sustainable in law.

Final Decision

The High Court allowed the petition, set aside the order dated 16.07.2024 passed by the 42nd Additional Chief Judicial Magistrate, Bengaluru, in PCR No.9136/2024, and remitted the matter back to the Magistrate for fresh consideration in accordance with law.

Law Points

Section 223 BNSS mandatory inquiry
private complaint defamation
issuance of process without inquiry illegal
procedural aberration
inherent powers under Section 482 CrPC

Case Details

2024 LawText (KAR) (09) 29

Criminal Petition No.7526 of 2024

2024-09-27

M. Nagaprasanna

Sri Venkatesh P. Dalwai (for petitioner), Smt. Niveditha C. Shivanaikar (for respondent)

Sri Basanagouda R. Patil (Yatnal)

Sri Shivananda S. Patil

Nature of Litigation

Criminal petition under Section 482 CrPC challenging the order of the Magistrate issuing process in a private complaint for defamation.

Remedy Sought

Petitioner sought to set aside the order dated 16.07.2024 passed by the 42nd Additional Chief Judicial Magistrate, Bengaluru, in PCR No.9136/2024.

Filing Reason

The Magistrate issued process without conducting an inquiry or investigation as mandated by Section 223 BNSS.

Previous Decisions

The Magistrate passed the order dated 16.07.2024 issuing process in PCR No.9136/2024.

Issues

Whether the Magistrate's order issuing process under Section 223 BNSS without conducting an inquiry or investigation is sustainable.

Submissions/Arguments

Petitioner argued that the Magistrate committed a procedural aberration by issuing process without any inquiry or investigation as required under Section 223 BNSS.

Ratio Decidendi

Section 223 of BNSS mandates that before issuing process in a private complaint, the Magistrate must either inquire into the complaint or direct an investigation. Failure to do so renders the order illegal and liable to be set aside under Section 482 CrPC.

Judgment Excerpts

The issue in the lis at this juncture does not concern the merit of the compliant or its defence by the parties to the present lis. What has driven the petitioner to this Court in the subject petition is, a unique circumstance of interpretation of Section 223 of the BNSS. Learned counsel Sri Venkatesh P Dalwai appearing for the petitioner would submit that the petition itself is preferred owing to a procedural aberration by the learned Magistrate.

Procedural History

The respondent filed a private complaint (PCR No.9136/2024) before the 42nd Additional Chief Judicial Magistrate, Bengaluru, under Section 223 BNSS. The Magistrate passed an order on 16.07.2024 issuing process. The petitioner challenged this order before the High Court under Section 482 CrPC. The High Court heard the matter on 09.09.2024 and pronounced the order on 27.09.2024.