Delhi HC : Whether the court can reject default bail application of accused if further investigation is going on?

 So far as the submission that provision of 'further investigation' as contained in Section 193(9) is camouflage to defeat the right of the accused person to seek 'default bail' under Section 187(3) of BNSS 2023, we may only observe that the provision contained in Section 193(9) and those of Section 187(3), operate in different fields and further that Section 193(9) does not in any manner acts as a camouflage to such right. 

{Para 14}

 IN THE HIGH COURT OF DELHI

W.P. (Crl) 3101/2024

Decided On: 27.08.2025

Yash Mishra Vs. State of NCT of Delhi and Ors.

Hon'ble Judges/Coram:

D.K. Upadhyaya, C.J. and Tushar Rao Gedela, J.

Author: D.K. Upadhyaya, C.J.

Citation:  MANU/DE/7613/2025.

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Rajasthan HC: S.193(9) of BNSS Bars Further Investigation After Filing Of Police Report Without Permission Of Trial Court

 Before parting, I may also hasten to add here that, in any case, where a report under section 193(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) has already been filed against the prime accused, no further investigation can be carried out without the permission of the learned trial court, in view of Section 193(9) of BNSS. For ready reference, the relevant part of the Section 193 of the BNSS, with emphasis on sub-clause 9 thereof, is reproduced herein below: {Para 7}

"SECTION 193: Report of police officer on completion of investigation

(9) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub- section (3) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form as the State Government may, by rules, provide; and the provisions of sub-sections (3) to (8) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (3): Provided that further investigation during the trial may be conducted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may be extended with the permission of the Court."

 IN THE HIGH COURT OF RAJASTHAN AT JODHPUR

S.B. Criminal Misc. Pet. No. 1375/2023

Decided On: 25.09.2024

Gajendra Singh Shekhawat Vs. State of Rajasthan and Ors.

Hon'ble Judges/Coram:

Arun Monga, J.

Citation: 2024:RJ-JD:39977,MANU/RH/1468/2024.

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Bombay HC: As per S.193 BNSS, police must inform progress in Investigation To Informant or victim

The essential grievance of the petitioner in the aforesaid petition is that the police are not complying with the mandate of Section 173(2)(ii) of the Code of Criminal Procedure ('Cr.PC').{Para 2}

3. Perused the papers. The said section of which noncompliance by the police is alleged, reads thus:-

“173. Report of police officer on completion of investigation. -

(2) (i) ---- ---- ----

(ii) The officer shall also communicate, in such manner as

may be prescribed by the State Government, the action taken

by him, to the person, if any, by whom the information relating

to the commission of the offence was first given.”

4. After the repeal of Cr.PC; under the new ‘The Bharatiya

Nagarik Suraksha Sanhita, 2023 (‘BNSS’), the corresponding section is Section 193(3)(ii) & (iii). The said provision in the new BNSS, is identical to that of Section 173(2)(ii) of the Cr.PC.

5. Mr. Saste, learned Additional Public Prosecutor states that

a Circular dated 23rd August 2024 has been issued for scrupulous compliance of the provisions of Section 193(3)(ii) & (iii) of the BNSS. The said Circular is taken on record.

6. In view of the aforesaid, nothing survives for further consideration in the aforesaid petition. Petition stands disposed of accordingly.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

 CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION (STAMP) NO.16212 OF 2024

Nirmala Bhavesh Parmar Vs State of Maharashtra and Ors.

CORAM : REVATI MOHITE DERE &

 PRITHVIRAJ K. CHAVAN, JJ.

 DATE : 29th AUGUST 2024

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