HC: Trial court permission necessary for further investigation u/S 193(9) BNSS, Read Order

Recently, the Rajasthan High Court addressed a petition to quash FIR, registered under sections 420, 406, 409, 467, 468, 471, 120-B of the IPC and Section 65 of the IT Act. The court observed that after a thorough investigation, the petitioner was not implicated in any wrongdoing, leading to the conclusion that the FIR lacked merit and should not proceed against him.

Additionally, HC Bench noted that, under Section 193(3) of the Bhartiya Nagarik Suraksha Sanhita (BNSS), no further investigation could proceed against the petitioner without the trial court’s permission, as a report had already been filed against the prime accused.

In the present case, the petitioner sought to quash the FIR alleging offences under Sections 420, 406, 409, 467, 468, 471, and 120-B of the IPC and Section 65 of the IT Act. The matter was previously heard on 17.09.2024, where the court noted that four chargesheets had been filed against the prime accused, none of which implicated the petitioner. The counsel for the respondent had requested time to clarify if a supplementary chargesheet would be filed against him.

During the resumed hearing, the learned Additional Advocate General submitted a report indicating that no offence was found against the petitioner after the investigation. It was confirmed that no supplementary chargesheet would be filed, as the allegations were deemed unsubstantiated. Upon reviewing the report, the court agreed that no culpability could be attributed to the petitioner, rendering his request to quash the FIR moot. The court further clarified that under Section 193(3) of the Bhartiya Nagarik Suraksha Sanhita (BNSS), further investigations could not proceed without the trial court’s permission once a report had been filed against the prime accused. Hence, the petition was disposed of.

Title: Gajendra Singh Shekhawat v. State of Rajasthan & Ors.

Citation: S.B. Criminal Misc(Pet.) No. 1375/2023

Coram: Justice Arun Monga

Order Date: 25/09/2024

Advocate for Petitioner: Adv. V.R. Bajwa (Sr. Adv.), Aditya Vikram Singh, Ajit Sharma and Yuvraj Singh.

Advocate for Respondent: Adv.  Deepak Choudhary (GA-cum-AAG) Sonu Manawat Vikram Singh Rajpurohit, R.D. Rastogi (ASGI), B.P. Bohra, Mukesh Rajpurohit (DSG), Prakash Raika, Chiranji Lal Meena (Addl. S.P. SOG, Jaipur)

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