Karnataka HC has quashed one of the first FIRs registered in the state on July 1, citing procedural errors as police filed the rape case under CrPC despite new criminal law BNSS coming into effect the same day.
HC instructed police to file a fresh FIR under BNSS, saying the allegations were serious and required investigation.
The case was initiated when a nurse from a govt hospital filed a complaint with police, saying the accused helped her when her husband was injured in an accident but sexually assaulted her on June 24, 2021, by promising to marry her.She alleged that he had failed to return Rs 13.5 lakh he had taken from her.
The accused challenged the FIR, arguing it should have been filed under BNSS since the new law had already replaced CrPC.