S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

The Rajasthan High Court clarified that an FIR can still be registered even if a complaint proceeding is ongoing under Section 233 CrPC. The court stated that FIR registration and complaint proceedings are distinct processes, with the former being an obligation if a cognizable offense is disclosed. In this case, the petitioner argued that parallel proceedings violate legal norms, but the court dismissed this, citing Supreme Court precedents. The judgment underscores that the complainant has the right to approach the police while continuing with ongoing legal remedies. The court reaffirmed the mandatory nature of FIR registration in cases of cognizable offenses while emphasizing that it doesn’t negate court proceedings. This ruling protects victims’ rights to legal recourse and prevents procedural delays.