S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC
Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts.
The bench of Justice Arun Monga added that the only mandatory procedure was that the Magistrate shall stay the further proceedings in the complaint case that was instituted prior to registration of the FIR, to await for the outcome of the inquiry/investigation.
The observation was made by the Court while hearing a petition seeking quashing of an FIR filed against the petitioners under Prevention of Corruption Act.
The allegations against the petitioners, that included the Chairman and chairperson of the Gram Seva Sahkari Samiti Soodwad and the Manager of the Gram Seva Sahkari Nimbola Vishwaand, were of indulging in serious corruption by sanctioning loans to their family members based on forged documents and even to those who were not eligible under the scheme.
It was the case of the petitioners that in 2020, brother of the complainant in the present case had also filed a complaint against them with the Magistrate on same set of allegations as levelled in the present FIR. The trial in that complaint was already underway. Hence, with the present FIR being filed, two criminal proceedings have been instituted against the petitioners on the same factual matrix.
After hearing the contentions, the Court referred to Section 233 of BNSS which provides the procedure to be followed when there was a complaint case and police investigation in relation to the same offence.
It was opined that the provision left no doubt that even if compliant proceedings had already initiated and the police received complaint on same set of facts, they were not barred from registering an FIR but the Magistrate was only required to stay the further proceedings in the complaint case and await for the outcome of investigation/ inquiry in the FIR.
Accordingly, the Court directed stay on the further proceedings in the ongoing complaint case filed with the Magistrate in 2020 till the time outcome of the inquiry/ investigation in the present FIR was reached. Hence, the petition was disposed of.
Title: Ram Chandra Bisu & Ors. v State of Rajasthan
Citation: 2024 LiveLaw (Raj) 353