32.WP.4086.2026.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4086 OF 2026 Arvind Prasad .. Petitioner Versus Union of India and Ors. .. Respondents ....................  Ms. Shaista Pathan a/w. Ms. Shubashree Yewale, Advocates i/by YNA Legal LLP for Petitioner.  None for Respondent No.1.  Mr. Amit Munde, SPP a/w. Mr. Jai Vohra for Respondent No.2.  Ms. Sangeeta E. Phad, APP for Respondent No.3. ................... CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 08, 2026 P.C. : 1. Heard Ms. Pathan, learned Advocate for Applicant; Mr. Munde, learned SPP for Respondent No.2 and Ms. Phad, learned APP for Respondent No.3. 2. Since prima facie non-compliance of Section 223 (1) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) is seen the impugned order dated 24.04.2026 stands quashed and set aside with a direction to the learned Trial Court to give a hearing to the Petitioner for taking cognizance before issuing process and pass an appropriate order in accordance with the provisions of section 223(1) of the BNSS. 3. All contentions of the Petitioner as well as the prosecution 1 of 2 32.WP.4086.2026.doc are explicitly kept open. On 05.10.2026 when the next date is there before Trial Court, without any further or fresh notice being issued to the Petitioner, the Petitioner shall present himself on that day before the Trial Court and the Trial Court will give him an opportunity of hearing before issuing process, and after hearing him on 05.10.2026 shall either pass the order on that day or reserve it or pass it later thereafter and in any event the order will be passed within two weeks thereof in accordance with law. All contentions of Petitioner and Respondent No.2 are expressly kept open. 4. The Petition stands allowed and disposed of in the above terms. H. H. SAWANT [ MILIND N. JADHAV, J. ] 2 of 2 HARSHADA HANUMANT SAWANT Digitally signed by HARSHADA HANUMANT SAWANT Date: 2026.09.08 15:10:31 +0530