Government of Gujarat vs Rajeshbhai Kailassinh Advocate - R J GOGDA — 363/2026

The court held that the Magistrate lacked cognizance to proceed against the accused under BNS Section 223 (defamation of public servants) because Section 215 of BNS mandates that such offences require a written complaint from the competent public servant or their administrative superior. Since no such written complaint was filed by the District Collector (the aggrieved public servant), the court properly refused to take cognizance. The judgment affirms that when offences under Section 223 are intertwined with other offences in the same transaction, they cannot be segregated, and the procedural requirement of Section 215 remains mandatory. This case analysis is maintained by casestatus.in based on publicly available court records.