The present Criminal Revisions assail an order dated February 15,
2025, whereby the learned Chief Judge, City Sessions Court at
Calcutta, acting in the capacity of Special Court under the Prevention
of Money-Laundering Act, 2002 (for short, “the PMLA”) taking
cognizance of offences under Sections 3 and 4, read with Section 70 of
the PMLA against each of the petitioners. The petitioners further seek
quashing of the proceedings initiated in connection with the complaint,
being the ECIR/KLZO-I/10/2023 dated March 24, 2023.
2. Learned senior counsel appearing on behalf of the petitioners contends
that the learned Special Judge took cognizance in violation of the First
Proviso to Section 223 of the Bhartiya Nagarik Suraksha Sanhita, 2023
(for short, “the BNSS”) since no opportunity of hearing was given to any
of the petitioners/accused persons prior to taking such cognizance.
Learned senior counsel contends that the provision of affording an
opportunity of hearing to the accused prior to taking cognizance has
been introduced in the new regime of criminal laws after the
introduction of the BNSS and was absent in its predecessor-statute, the
Code of Criminal Procedure (Cr.P.C.). It is argued that the said
provision is mandatory and any contravention of the same leads to
curbing the fundamental right to life and personal liberty, guaranteed
under Article 21 of the Constitution of India, of the accused.
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