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Prashant Kaushik & Ors. vs. State of Rajasthan & Anr.

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Bharatiya Nagarik Suraksha Sanhita, 2023–Sec. 223 [Corresponding Sec. 200 of Cr.P.C., 1973]–Scope–The process of taking cognizance is no longer an instantaneous act but a calibrated judicial exercise, wherein the Magistrate is required to apply his mind in a structured and informed manner–The use of the expression “while taking cognizance” signifies the existence of an intermediate stage, during which the Court is empowered, and in certain cases obligated to afford on opportunity of hearing to the proposed accused.