Krishan Joshi VS State of Rajasthan, Through Director General of Police

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ARUN MONGA
Krishan Joshi – Appellant
Versus
State of Rajasthan, Through Director General of Police – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Ms. Swati Shekhar, Advocate
For the Respondents: Mr. Mukhtyar Khan, P.P.

ORDER

Head Note of the petition herein reads as under:—

“S.B. Criminal Misc. Petition under Section 528 BNSS for fair, impartial and effective investigation in FIR No.0068/2024 dated 02.02.2024 Police Station Nokha district Bikaner for the offence under Section 420, 120-B IPC.”

2. A perusal of the above clearly reveals that the FIR was registered on 02.02.2024 i.e. prior to coming into force of The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) with effect from 01.07.2024.

3. In the premise, in view of the savings clause contained under section 531(2)(a) of the BNSS, the petition ought to have been filed under the old corresponding Section 482 of Criminal Procedure Code, 1973, (Cr.P.C.), and not under section 528 of the new Code (BNSS).

4. For ready reference, the entire Section 531 of BNSS is reproduced hereinbelow:

“531. Repeal and savings.—(1) The Code of Criminal Procedure, 1973 (2 of 1974) is hereby repealed.

(2) Notwithstanding such repeal—

(a) if, immediately before the date on which this Sanhita comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be dispos

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