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
1. Heard learned counsel for the parties.
2. 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').
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.
7. At this stage, learned counsel for the petitioner makes a
grievance that some of the pages in the charge-sheet are missing.
8. Hence, Mr. Saste, learned Additional Public Prosecutor on
instructions states that the police will handover a full copy of the
charge-sheet to the petitioner, within one week from today. Statement
accepted.
All concerned to act on the authenticated copy of this order.
PRITHVIRAJ K. CHAVAN, J. REVATI MOHITE DERE, J.
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