Case Note & Summary
The applicants filed a complaint with the Economic Offences Wing (EOW), Nagpur on 21/09/2023 for registration of an offence under Section 3 of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 read with Sections 406, 409, 34 of the Indian Penal Code. The EOW conducted an inquiry and by communication dated 21/03/2024 (received in June 2024) informed the applicants that no offence was made out. Consequently, the applicants approached the Additional Sessions Judge, Nagpur by filing a complaint under Section 156(3) of the Code of Criminal Procedure, 1973 (Cr.P.C.) on 07/10/2025 seeking directions for registration of FIR. The learned Additional Sessions Judge, by order dated 07/11/2025, called for a report from the concerned police station under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The applicants challenged this order, contending that BNSS was not applicable because the original complaint to the EOW was made when Cr.P.C. was in force, and the proceedings before the Sessions Court were a continuation of that complaint. The High Court agreed, holding that the saving clause under Section 531 BNSS saves proceedings initiated before BNSS came into force. Since the original complaint was filed on 21/09/2023 when Cr.P.C. was in force, the subsequent complaint under Section 156(3) Cr.P.C. is a sequel and continuation of those proceedings. Therefore, the Sessions Court ought to have proceeded under Cr.P.C. and not BNSS. The impugned order was set aside, and the matter was remitted back to the Additional Sessions Judge to decide the complaint afresh in accordance with law under Cr.P.C.
Headnote
A) Criminal Procedure - Applicability of BNSS - Saving Clause - Section 531 BNSS - The court considered whether BNSS applies to a complaint under Section 156(3) Cr.P.C. filed after BNSS came into force, when the original complaint to the police was made when Cr.P.C. was in force. Held that the proceedings before the Sessions Court are a sequel and continuation of the original application filed before the EOW when Cr.P.C. was in force, and therefore BNSS does not apply. The Sessions Court erred in calling for a report under Section 175(3) BNSS instead of proceeding under Cr.P.C. (Paras 2-4).
Issue of Consideration
Whether the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 apply to a complaint under Section 156(3) of the Code of Criminal Procedure, 1973 filed after BNSS came into force, when the original complaint to the police was made when Cr.P.C. was in force.
Final Decision
The revision application is allowed. The impugned order dated 07/11/2025 passed by the learned Additional Sessions Judge, Nagpur is set aside. The matter is remitted back to the learned Additional Sessions Judge, Nagpur to decide the complaint under Section 156(3) Cr.P.C. afresh in accordance with law.
Law Points
- Applicability of BNSS
- Saving clause under Section 531 BNSS
- Continuation of proceedings under Cr.P.C.
- Complaint under Section 156(3) Cr.P.C.
Case Details
Mr. P.S. Tembhare for applicants, Mr. A.M. Kadukar APP for non-applicant/State
Sau. Sunita Jugalkishor Gilda and others
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Nature of Litigation
Criminal revision against order of Additional Sessions Judge calling for police report under BNSS instead of Cr.P.C.
Remedy Sought
Setting aside the order dated 07/11/2025 passed by Additional Sessions Judge, Nagpur and direction to decide the complaint under Section 156(3) Cr.P.C. in accordance with law.
Filing Reason
The applicants filed a complaint with EOW on 21/09/2023 under Cr.P.C., but EOW declined to register FIR. They then filed a complaint under Section 156(3) Cr.P.C. before the Sessions Court on 07/10/2025. The Sessions Court passed an order under BNSS instead of Cr.P.C., which the applicants challenged.
Previous Decisions
The EOW by communication dated 21/03/2024 informed the applicants that no offence is made out. The Additional Sessions Judge by order dated 07/11/2025 called for a report under Section 175(3) BNSS.
Issues
Whether the provisions of BNSS apply to a complaint under Section 156(3) Cr.P.C. filed after BNSS came into force, when the original complaint to the police was made when Cr.P.C. was in force.
Submissions/Arguments
The applicants argued that the original complaint to EOW was filed on 21/09/2023 when Cr.P.C. was in force, and the complaint under Section 156(3) Cr.P.C. is a continuation of those proceedings. Therefore, BNSS does not apply due to Section 531 BNSS saving clause.
The State opposed, but the court did not record specific submissions from the State.
Ratio Decidendi
The proceedings before the Sessions Court under Section 156(3) Cr.P.C. are a sequel and continuation of the original application filed before the EOW when Cr.P.C. was in force. Therefore, by virtue of Section 531 BNSS, the provisions of BNSS do not apply, and the Sessions Court must proceed under Cr.P.C.
Judgment Excerpts
He submits that the proceedings before the learned Additional Sessions Judge are sequel and in continuation of the original application which was filed by the applicant before the EOW, Nagpur dated 21/09/2023 when the Cr.P.C. was in force.
The learned Additional Sessions Judge, Nagpur ought to have taken into consideration the scope of Section 531 of the BNSS however, the learned Court below has observed that the complaint under Section 156(3) of the Cr.P.C. was filed in the month of October 2025, whereas BNSS came into effect from 01/07/2024.
Procedural History
The applicants filed a complaint with EOW, Nagpur on 21/09/2023. EOW informed them on 21/03/2024 that no offence is made out. The applicants then filed a complaint under Section 156(3) Cr.P.C. before the Additional Sessions Judge, Nagpur on 07/10/2025. The Sessions Judge passed an order on 07/11/2025 calling for a report under Section 175(3) BNSS. The applicants filed the present revision before the High Court.
Acts & Sections
- Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999: Section 3
- Indian Penal Code, 1860: Sections 406, 409, 34
- Code of Criminal Procedure, 1973: Section 156(3)
- Bharatiya Nagarik Suraksha Sanhita, 2023: Section 175(3), Section 531
