Stay of Complaint Case -- Pendency of Investigation into Separate Offence -- Stay under Section 233 BNSS applies only when the complaint case and pending police investigation concern the same offence
Bharatiya Nagarik Suraksha Sanhita, 2023, S.233 -- Stay of Complaint Case -- Pendency of Investigation into Separate Offence -- A Magistrate is required to stay a complaint case only when informed that a police investigation is pending in relation to the same offence that is the subject matter of the complaint case. The purpose of this requirement is to prevent parallel proceedings concerning the same offence and to protect the accused from unnecessary harassment. A common factual background between two proceedings, without identity of offence, registration by the same police station, or pendency before the same court, does not attract this requirement.
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