Source: Rajasthan High Court

Why in News?

Recently, the Rajasthan High Court in the matter of Gajendra Singh Shekhawat v State of Rajasthan & Ors. has held that once the report has been filed by the Police officer no further investigation can be conducted without the prior permission of the Trial Court.

What was the Background of the Gajendra Singh Shekhawat v State of Rajasthan & Ors. Case?

• In the present case, the First information Report (FIR) was filed against the appellant under Sections 420, 406, 409, 467, 468, 471, 120-B of the Indian Penal Code, 1860 (IPC) and Section 65 of the Information Technology Act, 2000 (IT).
• The Rajasthan High Court ordered that no prima facie case has been formed against the appellant based on the chargesheet presented before it.
• After hearing further, the adjournment was granted by the Rajasthan High Court as the respondent asked for time to provide a supplementary chargesheet.
• On resumed hearing it was stated by the respondent counsel that after investigation, no offence is found to have been committed by the petitioner.
• The respondent counsel further stated that no supplementary chargesheet was filed as allegations made against him were found to be completely unsubstantiated.
• The present application was filed by the appellant to quash the FIR filed against him.

What were the Court’s Observations?

• The Rajasthan High Court observed that no culpability of commission of any offence is attributable to the petitioner.
• An additional observation was also made by the Rajasthan High Court that in View of Section 193(9) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) once the report has been filed under Section 193 (3) of BNSS no further investigation can be conducted without the prior permission of the Trial Court.
• Based on the above observation the Rajasthan High Court allowed the present petition and quashed the FIR against the appellant.

What is Section 193 of BNSS?

• Section 193 of BNSS deals with report of police officer on completion of investigation.
• This section was earlier covered under Section 173 of Code of Criminal Procedure, 1973 (CrPC).
• It states that:
  • Sub section (1) states that the investigation under this chapter to be completed without any unnecessary delay.
  • Sub section (2) states that the investigation in relation to an offence under sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023 (BNS) or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012(POCSO) shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station.
  • Sub section (3) states that
  • As per Clause (i) after investigation the Police officer shall forward the Report to the magistrate to take cognizance of the offence which shall include:
    • the names of the parties
    • the nature of the information
    • the names of the persons who appear to be acquainted with the circumstances of the case
    • whether any offence appears to have been committed and, if so, by whom;
    • whether the accused has been arrested
    • whether the accused has been released on his bond or bail bond
    • whether the accused has been forwarded in custody under section 190
    • whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or section 71 of the BNS.
    • the sequence of custody in case of electronic device
  • As per Clause (ii) the victim to be informed by the Police about the progress of the investigation within a period of 90 days.
  • As per Clause (iii) the Police officer shall also inform the actions taken by him after the information was given to him regarding commission of offence.
  • Sub section (4) states that when a superior officer is appointed by general or special orders the Report to be submitted through him to the Magistrate and he may also direct the police officer in charge to make further investigation.
  • Sub section (5) states that when a report forwarded shows that an accused has been released on bail or bond the magistrate may make an order for discharge of the same as he thinks fit.
  • Sub section (6) states that additional documents to be submitted by the Police officer to the magistrate when the investigation is conducted under Section 190 of the BNSS as:
    • all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation
    • the statements recorded under section 180 of BNSS of all the persons whom the prosecution proposes to examine as its witnesses.
  • Sub section (7) states that if the Police officer thinks that certain part of the document is not in the interest of justice, he may indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request.
  • Sub section (8) states that the police officer shall also furnish such number of copies of the police report along with other documents duly indexed to the Magistrate for supply to the accused as required under section 230 of BNSS. Communication by electronic means shall deemed to be duly served.
  • Sub section (9) states that a Police officer may investigate further after submitted the report to the magistrate if he finds any further evidences subject to prior permission of the Trial Court and that investigation to be completed within a period of 90 days which may be extended with the permission of the Court.