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1. Rule. Rule made returnable forthwith, and, with the
consent of the learned Counsel for the parties, heard finally.
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WP-5242-2025.DOC
2. This Petition under Article 227 of the Constitution of India
and Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023 (“BNSS, 2023”) poses the following question:
“Is it incumbent upon the Special Court under the
Securities and Exchange Board of India Act, 1992 (“SEBI
Act, 1992″) to give an opportunity of hearing to an
accused under the first proviso to Section 223 of the
BNSS 2023 before taking the cognizance of the offences
punishable under SEBI Act, 1992?”
