Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Ct. Cases / 856/2025
ZEESHAN AHMED Vs. KAMAL AHMED /0
29.08.2025
Present: Complainant in person.
This is a fresh complaint under Section 223 read with
Section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Vide
order dated 21.05.2025, this court had issued notices to the proposed
accused persons in view of the first proviso to Section 223 BNSS,
which mandates notice to be issued before taking cognizance.
Today, Ms. Nasrin, Ms. Mahira, and Mr. Kamal Ahmed
have joined the VC proceedings. However, neither Ms. Mahira nor
Mr. Kamal Ahmed are switching on their cameras despite repeated
requests.
Mr. Saifuddin, Ld. Counsel, has appeared for Mr. Kamal
Ahmed and Mr. Imran. However, Mr. Imran has not joined the
proceedings as of now.
Be that as it may, this Court has come across the recent
pronouncement of the Hon’ble High Court of Delhi in Brand
Protectors India Pvt. Ltd. vs. Anil Kumar, wherein it has been clarified
that under the new statutory framework, before taking cognizance,
pre-summoning evidence must be recorded, and only thereafter can
the Court consider whether to issue notice to proposed accused
persons.
In view of the above legal position, this Court deems it
appropriate to proceed with pre-summoning evidence.
On request, adjournment is granted to the complainant
for leading pre-summoning evidence. It is clarified that the proposed
accused persons are not required to appear until and unless they
receive a notice from this Court. Put up for pre-summoning evidence
on 12.01.2026.
(Dr. Raj Kumar Singh)
Judicial Magistrate First Class-05/Central
Delhi/29.08.2025
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