S.193(9) BNSS Bars Further Investigation After Filing Of Police Report Without Permission Of Trial Court: Rajasthan High Court
Rajasthan High Court has clarified that in light of proviso to Section 193(9) of the Bharatiya Nagrik Suraksha Sanhita (“BNSS”), where the police has already filed the report following investigation against the prime accused, no further investigation can be carried out without the permission of the trial court.
Section 193 talks about report of police office on completion of investigation and Section 193(9) reads as below,
“(9) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub section (3) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form as the State Government may, by rules, provide; and the provisions of sub-sections (3) to (8) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (3): Provided that further investigation during the trial may be conducted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may be extended with the permission of the Court.”
The bench of Justice Arun Monga was hearing a quashing petition against FIR filed for cheating and criminal breach of trust in which four charge sheets were already filed and no role was attributed to the petitioner, neither his name was arrayed anywhere as an accused.
The Court found that no culpability of commission of any offence was attributable to the petitioner and disposed of the petition.
Title: Gajendra Singh Shekhawat v State of Rajasthan & Ors.
Citation: 2024 LiveLaw (Raj) 283