Clarification by Rajasthan HC on application of BNSS on pending FIR/ Investigations[1]

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Shubham Budhiraja[2]

 

1.     What has to be been seen simply is the date of registration of the FIR and the law as applicable as on the date of such registration. Trite it may sound, but settled position is that, the moment an FIR is registered under section 154 of the Cr.P.C., criminal investigative/administrative machinery is set in motion under Chapter XII thereof. Thus, if an FIR is registered prior to 01.07.2023 under the Cr.P.C., it would amount to a pending enquiry/investigation within the meaning of section 531(2)(a) of BNSS. The entire subsequent investigation procedure and even the trial procedure qua such an FIR shall then be governed by Cr.P.C. and not BNSS.

 

2.     It so transpires that learned counsel for the petitioner had though rightly filed the instant petition initially under Section 482 Cr.P.C., but on an objection raised by Registry of this Court, it was converted into one under section 528 of BNSS.

 

3.     In view of the discussion in the preceding part hereinabove, the objection raised by the Registry is overruled. The present petition is resultantly treated as one under Section 482 Cr.P.C.


[1] S.B. Criminal Misc(Pet.) No. 4285/2024

[2] Advocate, Delhi High Court [ACS, BCOM(H), LLB]

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