Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 40

IN THE HIGH COURT OF ALLAHABAD
ARUN KUMAR SINGH DESHWAL, J.
Naseem Ahmad And 5 Others - Appellant
Versus
State of U.P. and Another - Respondents
Application U/S 482 No. - 39609 of 2024
Decided on : 21-03-2025

Advocates:
Advocate Appeared:
For the Appellant : Pradeep Kumar
For the Respondent: G.A.,Salamuddin Khan

Post-enforcement of BNSS, applications challenging criminal proceedings must be filed under Section 528 of BNSS, not Section 482 Cr.P.C.

Headnote:
(A) Criminal Procedure Code, 1973 - Section 482 - New Criminal Laws - Repeal of IPC and Cr.P.C. by BNSS - Application for quashing charge sheet and cognizance order dismissed as not maintainable post-repeal - The court emphasized that applications filed under the Cr.P.C. after the enforcement of BNSS are not valid. (Paras 2, 3, 7)

(B) Legal principles - The court reiterated the procedural transition from Cr.P.C. to BNSS, specifying that applications challenging proceedings must adhere to the new law. (Paras 3, 4, 6)

Facts of the case:
The application was filed to quash a charge sheet and cognizance order under Sections 498-A IPC and 3/4 D.P. Act, which was deemed not maintainable due to the enforcement of BNSS.

Findings of Court:
The court found the application under Section 482 Cr.P.C. to be invalid post-enforcement of BNSS.

Issues: The primary issue was whether the application under Section 482 Cr.P.C. was maintainable after the repeal of the Cr.P.C. and enforcement of BNSS.

Ratio Decidendi: The court held that any application challenging proceedings after the enforcement of BNSS must be filed under Section 528 of BNSS, as per the resolutions and directives following the transition to the new law.

Result: Application dismissed.

JUDGMENT :

Arun Kumar Singh Deshwal, J.

1. Heard Sri Pradeep Kumar, learned counsel for the applicants, Sri Pankaj Saxena, learned A.G.A for the State and perused the record.

2. The instant application under Section 482 Cr.P.C. has been filed for quashing the charge sheet dated 23.04.2023 as well as cognizance/summoning order dated 23.05.2024 and further proceedings of Case Crime No.40 of 2023, under Section 498-A IPC and Section 3/4 D.P. Act, P.S.- Kishanpur, District-Fatehpur.

3. From perusal of the report of stamp reporter, it appears that present application filed u/s 482 Cr.P.C. was presented before the Registry on 14.11.2024. The Division Bench of this court in Criminal Misc. Writ Petition No.12287 of 2024 (Deepu & 4 Others Vs. State of U.P. & 3 Others) vide order dated 06.08.2024 has observed that all the applications filed u/s 482 Cr.P.C. after 01.07.2024 are not maintainable as the Cr.P.C. has been repealed and New Act i.e. BNSS has been enforced on 01.07.2024 and the proceedings or orders of District Courts subsequent to 01.07.2024 could be challenged only u/s 528 of BNSS. Paragraph no.16 of Deepu's case (supra) is being quoted as under:

"16. On the basis of above analysis, this Court is also summarising the law regarding effect of repealing the IPC and Cr.P.C. by BNS and BNSS respectively and same is being mentioned as below:

(i) If an FIR is registered on or after 1.7.2024 for the offence committed prior to 1.7.2024, then FIR would be registered under the provisions of IPC but the investigation will continue as per BNSS.

(ii) In the pending investigation on 01.07.2024 (on the date of commencement of New Criminal Laws), investigation will continue as per the Cr.P.C. till the cognizance is taken on the police report and if any direction is made for further investigation by the competent Court then same will continue as per the Cr.P.C.

(iii) The cognizance on the pending investigation on or after 01.07.2024 would be taken as per the BNSS and all the subsequent proceeding including enquiry, trial or appeal would be conducted as per the procedure of BNSS.

(iv) Section 531(2)(a) of BNSS saved only pending investigation, trial, appeal, application and enquiry, therefore, if any trial, appeal, revision or application is commenced after 01.07.2024, the same will be proceeded as per the procedure of BNSS.

(v) The pending trial on 01.07.2024, if concluded on or after 01.07.2024 then appeal or revision against the judgement passed in such a trial will be as per the BNSS. However, if any application is filed in appeal, which was pending on 01.07.2024 then the procedure of Cr.P.C. will apply.

(vi) If the criminal proceeding or chargesheet is challenged before the High Court on or after 01.07.2024, where the investigation was conducted as per Cr.P.C. then same will be filed u/s 528 of BNSS not u/s 482 Cr.P.C."

4. Thereafter, Stamp Reporter submitted a note dated 20.08.2024 before the Hon'ble Committee for implementation of New Criminal Law, High Court, Allahabad for seeking guidance for implementation of directions of judgement of Deepu's case (supra) regarding New Criminal Laws. The Hon'ble Committee in its resolution dated 22.08.2024 has resolved that Stamp Reporter (Criminal) is directed to comply the order dated 06.08.2024 passed in Deepu's case (supra) with further direction that if any application is filed in deviation with the judgement of Deepu's case (supra) then case shall not be withheld but same shall be placed before the concerned court along with a note.

5. In pursuance of resolution dated 22.08.2024 of the Hon'ble Committee for implementation of New Criminal Laws, Registrar (J)(Criminal) section directed to Stamp Reporter (Criminal) to comply the resolution dated 22.08.2024 of the Hon'ble Committee. Thereafter from 01.09.2024, the Stamp Reporter (Criminal) Section High Court, Allahabad started making a note in applications u/s 482 Cr.P.C. which were filed in deviation of the judgement dated 06.08.2024 passed in Deepu's case (su

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