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2024 Supreme(P&H) 416

SUMEET GOEL
Abhishek Jain – Appellant
Versus
State of U. T. Chandigarh – Respondent


Advocates Appeared:
For the Appellant : Mr. Ujwal Anand.
For the Respondent: Mr. Manish Bansal P.P., U.T., Chandigarh, Mr. Shubham Mangla, Ms. Diksha Sharma.

Table of Content
1. filing of petition under old cr.p.c. before repeal. (Para 1 , 10)
2. debate on maintainability of petitions post-bnss enactment. (Para 3 , 4 , 5)
3. analysis of legal implications of bnss and its effect on existing cases. (Para 6 , 8)
4. clarification of procedural law changes and implications. (Para 9)
5. conclusion on the maintainability of petition under cr.p.c. (Para 11)

JUDGMENT :

Mr. Sumeet Goel, J.

The present petition has been filed, under Section 482 of Code of Criminal Procedure, 1973 (hereinafter to be referred as ‘Cr.P.C’) for quashing of FIR No. 71 dated 04.11.2023 registered at Police Station, Sector 17, Women Cell, Chandigarh under Section 406 /498-A of IPC 1860; final report under Section 173 of Cr.P.C., 1973 presented therein as also all the proceedings emanating therefrom.

2. On 08.07.2024, the following order was passed :

    “Notice of motion, at this stage, to respondent No.1-U.T. Chandigarh.

    At the asking of the Court, Mr. Manish Bansal, P.P. U.T., Chandigarh with Ms. Diksha Sharma, Advocate appears and accepts notice for respondent No.1-U.T., Chandigarh.

    Learned counsel for the rival parties are directed to make submissions qua maintainability of the inst

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