The Rajasthan High Court has ruled that if an FIR is registered prior to 01-07-2023 under the CrPC, it will be considered a pending enquiry or investigation under Section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). In a petition filed under Section 528 of BNSS for a fair and impartial investigation in an FIR registered for offences under Section 420 and 120-B of the IPC, a single-judge bench of Arun Monga, J., overruled an objection by the Registry. The Court held that since the FIR was registered before BNSS came into force, the proceedings should follow the CrPC.
The case involved an FIR registered on 02-02-2024 for offences related to a dispute over agricultural land purchased by the petitioner’s late father in 1961. The FIR was registered before BNSS came into force on 01-07-2024. The petitioner initially filed a petition under Section 482 of the CrPC for a fair investigation, which was later converted to Section 528 of BNSS upon the Registry's objection. The petitioner claimed that the investigation had not concluded, nor had the accused been arrested. The main issue was whether the petition should be filed under the old Section 482 CrPC or the new Section 528 BNSS.
The Court emphasized that once an FIR is registered under Section 154 of the CrPC, the criminal investigative process under Chapter XII is initiated. The Court stated that if an FIR is registered prior to 01-07-2023 under the CrPC, it constitutes a pending enquiry or investigation under Section 531(2)(a) of BNSS. Consequently, the investigation and trial procedures for such an FIR will be governed by the CrPC, not BNSS. Section 531(2)(a) mandates that any pending appeal, application, trial, inquiry, or investigation before BNSS came into force will be handled under the CrPC.
The Court noted that while procedural laws can be applied retrospectively, Section 531(2)(a) requires using the old code for pending matters. The Court held that since the FIR was registered before BNSS came into force, the proceedings should follow the CrPC. The Court also noted the transitional period included in the repeal of the old code to avoid legal uncertainties, and that the savings clause under Section 531 BNSS ensures ongoing proceedings are not disrupted.
On the merits, the Court noted the petitioner’s dissatisfaction with the investigation progress and manner, observing that the investigation was still underway and the officer was cautious due to ongoing civil litigation. The Court noted that the petitioner should have first sought other legal remedies, such as approaching a superior police officer under Section 36 CrPC or a Magistrate under Section 156(3) CrPC, before approaching the Court.
The Court overruled the Registry's objection and held that the petition be treated as one filed under Section 482 CrPC. The Court disposed of the petition and any other pending applications, granting the petitioner liberty to approach the appropriate forum for redressal.
Case Reference: [Krishan Joshi v. State of Rajasthan, S.B. Criminal Misc (Pet.) No. 4285/2024]
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