S.233 BNSS | Further FIR on same charges not barred, but Magistrate to stay further proceedings in pending complaint: Rajasthan HC

Supreme Court of Rajasthan held that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if the complaint is already pending on specific allegations and facts and the police officials receive a report/correspondence on the same set of facts, they are not debarred from registering an FIR on those facts

The bench of Judge Arun Monga added that the only mandatory procedure is that the Magistrate should stay further proceedings in the case of the complaint, which was initiated before the registration of the FIR, pending the outcome of the enquiry/investigation.

The court made this observation while hearing a petition to quash the FIR filed against the petitioners under the Prevention of Corruption Act.

The charges against the petitioners, who include Gram Seva Sahkari Samiti Chairman Soodwad and Gram Seva Sahkari Manager Nimbola Vishwaand, related to serious corruption by sanctioning loans to their family members on the basis of forged documents and even those who were not eligible under the scheme.

It was with regard to the applicants that in 2020 the brother of the applicant in this case also filed a complaint against them before the Magistrate on the same set of charges as in this FIR. The trial of this complaint was already ongoing. Thus, in connection with the lodging of this FIR, two criminal proceedings were instituted against the applicants on the same factual matrix.

After hearing the claims, the court sent Section 233 of the BNSS which provides for the procedure to be followed when there is a complaint and a police investigation in relation to the same offence.

It was submitted that this provision leaves no doubt that even if the relevant proceedings were already initiated and the police received a complaint on the same facts, they were not barred from registering an FIR but the Magistrate had only to stay further proceedings in the complaint. of the case and wait for the outcome of the inquiry/investigation into the FIR.

Accordingly, the court ordered that further proceedings in the case of the complaint filed before the Magistrate in 2020 be stayed pending the outcome of the enquiry/investigation in this FIR. Thus, the request was granted.

Name: Ram Chandra Bisu & Ors. v State of Rajasthan

Quote: 2024 LiveLaw (Raj) 353

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