CRM-M-7154-2026 162 IN THE HIGH COURT OF PUNJAB AND HARYANA Amarjit Singh and Others Lakshmi CORAM : HON'BLE MS Present: Mr. S.S.Majithia Mr. Harshpreet and Mr. Kartik Kumar, Advocates, for the petitioner MANDEEP PANNU J. 1. The present petition has been filed under Section 528 BNSS for quashing of complaint No. COMI Amarjit Singh and others along with the impugned summoning ord Judicial Magistrate First Class, Rupnagar, whereby the petitioners have been summoned. 2. It is contended on behalf of the petitioners that the impugned complaint is false, frivolous and has been filed with an obl submitted that the complainant, being major, had solemnized marriage of her own free will, and thereafter, with a view to pressurize and harass the petitioners, the present complaint has been instituted. It is further contended that the Magistrate has passed the summoning order in a mechanical manner without following the mandatory procedure prescribed under Section 225 BNSS. No preliminary evidence was recorded, neither the statement of the complainant nor that of any witness was 2026 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- CRM Date of Decision : and Others VERSUS HON'BLE MS. JUSTICE MANDEEP PANNU Mr. S.S.Majithia, Advocate Mr. Harshpreet and Mr. Kartik Kumar, Advocates, for the petitioners. -.- MANDEEP PANNU J. (Oral) The present petition has been filed under Section 528 BNSS for quashing of complaint No. COMI-19-2025 dated 20.02.2025 titled Amarjit Singh and others’, instituted under Sections 115(2), 351(2) and (3) BNSS, along with the impugned summoning order dated 20.02.2025 passed by the learned Judicial Magistrate First Class, Rupnagar, whereby the petitioners have been It is contended on behalf of the petitioners that the impugned complaint is false, frivolous and has been filed with an obl submitted that the complainant, being major, had solemnized marriage of her own free will, and thereafter, with a view to pressurize and harass the petitioners, the present complaint has been instituted. It is further contended that the Magistrate has passed the summoning order in a mechanical manner without following the mandatory procedure prescribed under Section 225 BNSS. No preliminary evidence was recorded, neither the statement of the complainant nor that of any witness was examined on oath, and without conducting any inquiry or -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-7154-2026 (O&M) Date of Decision : 19.03.2026 ....Petitioners ....Respondent MANDEEP PANNU Mr. Harshpreet and Mr. Kartik Kumar, Advocates, The present petition has been filed under Section 528 BNSS for 2025 dated 20.02.2025 titled ‘Laxmi vs. , instituted under Sections 115(2), 351(2) and (3) BNSS, er dated 20.02.2025 passed by the learned Judicial Magistrate First Class, Rupnagar, whereby the petitioners have been It is contended on behalf of the petitioners that the impugned complaint is false, frivolous and has been filed with an oblique motive. It is submitted that the complainant, being major, had solemnized marriage of her own free will, and thereafter, with a view to pressurize and harass the petitioners, the present complaint has been instituted. It is further contended that the learned Magistrate has passed the summoning order in a mechanical manner without following the mandatory procedure prescribed under Section 225 BNSS. No preliminary evidence was recorded, neither the statement of the complainant nor examined on oath, and without conducting any inquiry or The present petition has been filed under Section 528 BNSS for Laxmi vs. , instituted under Sections 115(2), 351(2) and (3) BNSS, er dated 20.02.2025 passed by the learned Judicial Magistrate First Class, Rupnagar, whereby the petitioners have been It is contended on behalf of the petitioners that the impugned ique motive. It is submitted that the complainant, being major, had solemnized marriage of her own free will, and thereafter, with a view to pressurize and harass the petitioners, the learned Magistrate has passed the summoning order in a mechanical manner without following the mandatory procedure prescribed under Section 225 BNSS. No preliminary evidence was recorded, neither the statement of the complainant nor examined on oath, and without conducting any inquiry or TRIPTI SAINI 2026.03.20 14:31 I attest to the accuracy and integrity of this document CRM-M-7154-2026 application of mind, straightaway notice has been issued to the accused persons. It is thus submitted that the impugned order is non violation of the statutory mandate 3. A perusal of the impugned order dated 20.02.2025 reveals that the learned Judicial Magistrate First Class, Rupnagar, has merely recorded that the complaint has been presented and ordered issuance of notice to the accused, without recording any satisf The order does not reflect any application of mind nor compliance with the procedure contemplated under Section 225 BNSS, which mandates that before issuance of process, the Magistrate is required to witnesses and, where necessary, conduct an inquiry or direct investigation, particularly when the accused reside beyond the territorial jurisdiction of the Court. 4. In view of the above, this Court finds that the impugned ord only non-speaking but has also been passed in clear violation of the mandatory procedure prescribed under law. Accordingly, the impugned summoning order dated 20.02.2025 is set aside. The matter is remitted back to the learned Judicial Magistrate First Class, Rupnagar, to consider the complaint afresh in accordance with law. The learned Magistrate shall follow the procedure as contemplated under Section 225 BNSS, and thereafter pass a reasoned and speaking order 5. All pending miscellaneous application(s), if any, stands disposed of. March 19, 2026 tripti Whether speaking/non Whether reportable 2026 (O&M) application of mind, straightaway notice has been issued to the accused persons. It is thus submitted that the impugned order is non violation of the statutory mandate. A perusal of the impugned order dated 20.02.2025 reveals that the learned Judicial Magistrate First Class, Rupnagar, has merely recorded that the complaint has been presented and ordered issuance of notice to the accused, without recording any satisfaction, reasons, or consideration of material on record. The order does not reflect any application of mind nor compliance with the procedure contemplated under Section 225 BNSS, which mandates that before issuance of process, the Magistrate is required to witnesses and, where necessary, conduct an inquiry or direct investigation, particularly when the accused reside beyond the territorial jurisdiction of the Court. In view of the above, this Court finds that the impugned ord speaking but has also been passed in clear violation of the mandatory procedure prescribed under law. Accordingly, the present petition is allowed and the impugned summoning order dated 20.02.2025 is set aside. The matter is k to the learned Judicial Magistrate First Class, Rupnagar, to consider the complaint afresh in accordance with law. The learned Magistrate shall follow the procedure as contemplated under Section 225 BNSS, and thereafter pass a reasoned and speaking order after due application of mind. All pending miscellaneous application(s), if any, stands disposed of. Whether speaking/non-speaking : Speaking Whether reportable : Yes/No -2- application of mind, straightaway notice has been issued to the accused persons. It is thus submitted that the impugned order is non-speaking and has been passed in A perusal of the impugned order dated 20.02.2025 reveals that the learned Judicial Magistrate First Class, Rupnagar, has merely recorded that the complaint has been presented and ordered issuance of notice to the accused, action, reasons, or consideration of material on record. The order does not reflect any application of mind nor compliance with the procedure contemplated under Section 225 BNSS, which mandates that before issuance of process, the Magistrate is required to examine the complainant and witnesses and, where necessary, conduct an inquiry or direct investigation, particularly when the accused reside beyond the territorial jurisdiction of the Court. In view of the above, this Court finds that the impugned order is not speaking but has also been passed in clear violation of the mandatory the present petition is allowed and the impugned summoning order dated 20.02.2025 is set aside. The matter is k to the learned Judicial Magistrate First Class, Rupnagar, to consider the complaint afresh in accordance with law. The learned Magistrate shall follow the procedure as contemplated under Section 225 BNSS, and thereafter pass a after due application of mind. All pending miscellaneous application(s), if any, stands disposed of. (MANDEEP PANNU) JUDGE : Speaking : Yes/No application of mind, straightaway notice has been issued to the accused persons. It speaking and has been passed in A perusal of the impugned order dated 20.02.2025 reveals that the learned Judicial Magistrate First Class, Rupnagar, has merely recorded that the complaint has been presented and ordered issuance of notice to the accused, action, reasons, or consideration of material on record. The order does not reflect any application of mind nor compliance with the procedure contemplated under Section 225 BNSS, which mandates that before examine the complainant and witnesses and, where necessary, conduct an inquiry or direct investigation, particularly when the accused reside beyond the territorial jurisdiction of the Court. er is not speaking but has also been passed in clear violation of the mandatory the present petition is allowed and the impugned summoning order dated 20.02.2025 is set aside. The matter is k to the learned Judicial Magistrate First Class, Rupnagar, to consider the complaint afresh in accordance with law. The learned Magistrate shall follow the procedure as contemplated under Section 225 BNSS, and thereafter pass a All pending miscellaneous application(s), if any, stands disposed of. TRIPTI SAINI 2026.03.20 14:31 I attest to the accuracy and integrity of this document