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.
