Section 227 of BNSS : Section 227: Issue of process.
BNSS
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Explanation using Example
Example 1:
Scenario: Ramesh files a written complaint against Suresh for cheating him in a business deal.
- Magistrate's Opinion: The Magistrate reviews the complaint and finds sufficient grounds to proceed with the case.
- Summons-Case: Since cheating is considered a summons-case, the Magistrate issues a summons to Suresh, requiring him to appear in court on a specified date.
- Prosecution Witnesses List: Before issuing the summons, the prosecution submits a list of witnesses who will testify against Suresh.
- Complaint Copy: The summons sent to Suresh includes a copy of Ramesh's written complaint.
- Process Fees: Ramesh pays the required process fees. If he fails to do so within a reasonable time, the Magistrate has the authority to dismiss the complaint.
Example 2:
Scenario: Priya files a written complaint against her neighbor, Anil, for causing grievous hurt during a dispute.
- Magistrate's Opinion: The Magistrate examines the complaint and determines there are sufficient grounds to proceed.
- Warrant-Case: Since causing grievous hurt is a warrant-case, the Magistrate decides to issue a warrant for Anil's arrest to ensure his appearance in court.
- Prosecution Witnesses List: The prosecution provides a list of witnesses who will support Priya's allegations.
- Complaint Copy: The warrant issued to Anil is accompanied by a copy of Priya's written complaint.
- Process Fees: Priya pays the necessary process fees. If she does not pay within a reasonable time, the Magistrate may dismiss her complaint.
Example 3:
Scenario: A company files a written complaint against an employee, Raj, for embezzlement of funds.
- Magistrate's Opinion: The Magistrate reviews the complaint and finds sufficient grounds to proceed.
- Warrant-Case: Embezzlement is a serious offense, so the Magistrate issues a warrant for Raj's arrest to ensure he appears in court.
- Prosecution Witnesses List: The company submits a list of witnesses, including auditors and other employees, who will testify against Raj.
- Complaint Copy: The warrant issued to Raj includes a copy of the company's written complaint.
- Process Fees: The company pays the required process fees. If the fees are not paid within a reasonable time, the Magistrate has the authority to dismiss the complaint.
Example 4:
Scenario: Sunita files a written complaint against her landlord, Ravi, for illegally evicting her from her rented apartment.
- Magistrate's Opinion: The Magistrate examines the complaint and finds sufficient grounds to proceed.
- Summons-Case: Illegal eviction is considered a summons-case, so the Magistrate issues a summons to Ravi, requiring him to appear in court on a specified date.
- Prosecution Witnesses List: Sunita provides a list of witnesses, including neighbors and friends, who will testify about the illegal eviction.
- Complaint Copy: The summons sent to Ravi includes a copy of Sunita's written complaint.
- Process Fees: Sunita pays the necessary process fees. If she fails to pay within a reasonable time, the Magistrate may dismiss her complaint.
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