S.223 BNSS | Cognizance Without Hearing Accused? Kerala High Court Defers Appearance Of Revenue Official Before Trial Court In PMLA Case
The Kerala High Court has issued an interim order exempting former Revenue Divisional Officer Saji John and his wife Bindhu Saji from appearing before the CBI/ ED Court in Ernakulam in connection with a money laundering case, till July 03.The direction was passed on the duo's plea against summons, allegedly issued without giving them an opportunity of hearing in terms of Section 223(1)...
The Kerala High Court has issued an interim order exempting former Revenue Divisional Officer Saji John and his wife Bindhu Saji from appearing before the CBI/ ED Court in Ernakulam in connection with a money laundering case, till July 03.
The direction was passed on the duo's plea against summons, allegedly issued without giving them an opportunity of hearing in terms of Section 223(1) of BNSS.
The provision prescribes that a Magistrate shall not take cognizance of an offence on a complaint without giving the accused an opportunity of being heard.
Petitioners also cited Kushal Kumar Agarwal v. ED (2025) where the Supreme Court categorically held that before taking cognizance of a money laundering complaint, the special court has to give opportunity to the accused to be heard.
"An arguable point is made out to be decided in this case," Justice A. Badharudeen observed and deferred the appearance.
ED has filed a complaint against the former RDO alleging that he indulged in criminal misconduct as a public servant and acquired disproportionate assets in his and his wife's name.
The plea is moved by Advocates Arjun Varma, Rohith R.
Case Title: Saji John and Another v Assistant Director
Case No: Crl.MC 5631 of 2025