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IN THE HIGH COURT OF ALLAHABAD
ARUN KUMAR SINGH DESHWAL, J.
Smt. Sunita Mishra - Appellant
Versus
State Of U.P. And 2 Others - Respondents
Application U/S 482 No.28212 of 2024
Decided on : 24-02-2025
(A) Negotiable Instruments Act, 1881 - Section 138 - Criminal Procedure Code, 1973 - Section 482 - Application to quash order and proceedings - The application was filed to quash the order rejecting the amendment application in a complaint case under Section 138 of the Negotiable Instruments Act - The court noted that applications filed under Section 482 Cr.P.C. after 01.07.2024 are not maintainable due to the repeal of the Cr.P.C. and the enforcement of the BNSS - The court emphasized that the applicant may file a fresh application under Section 528 of BNSS instead. (Paras 2, 3, 7)
(B) New Criminal Laws - The court discussed the implications of the new criminal laws and the transition from the Cr.P.C. to BNSS, highlighting the procedural changes and the necessity for compliance with the new framework. (Paras 3, 4, 5, 6)
Facts of the case:
The applicant sought to quash an order rejecting an amendment application in a complaint case under Section 138 of the Negotiable Instruments Act, following the transition to new criminal laws.
Findings of Court:
The application under Section 482 Cr.P.C. was dismissed as not maintainable, with the option to file under Section 528 of BNSS.
Issues: The main issue was the maintainability of the application under Section 482 Cr.P.C. post the enforcement of BNSS.
Ratio Decidendi: The court ruled that applications under Section 482 Cr.P.C. are not maintainable after the enforcement of BNSS, necessitating a fresh application under Section 528.
Result: Application dismissed.
| Table of Content |
|---|
| 1. heard counsel for the applicant (Para 1) |
| 2. application to quash order (Para 2) |
| 3. perusal of the report (Para 3) |
| 4. stamp reporter submitted a note (Para 4 , 5 , 6) |
| 5. present application u/s 482 (Para 7 , 8) |
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. Heard Sri S.P. Singh, learned counsel holding brief of Sri Saurabh Tripathi, learned counsel for the applicant and Sri Anish Kumar Upadhyay, learned AGA for the State.
2. The present application has been filed to quash the order dated 07.11.2023 passed by Additional Civil Judge (J.D.), Court No.26, Shahjahanpur, as well as entire proceedings of Complaint Case No.4419 of 2016, convert in Case no.348 of 2017. Smt. Sunita Mishra Vs. Resham Bhadauriya @ Rekha, under Section-138 of Negotiable Instruments Act, 1881 , Police Station-Sadar Bazar, District-Shahjahanpur, by which the learned Additional Civil Judge (J.D.), Court No.26, Shahjahanpur, reject the amendment application of the applicant.
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 21.08.2024. 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 no
Applications under Section 482 Cr.P.C. are not maintainable after the enforcement of BNSS; fresh applications must be filed under Section 528 of BNSS.
Applications under the old Cr.P.C. filed after the enactment of the BNSS are not maintainable.
Post-enforcement of BNSS, applications under the old Cr.P.C. are invalid and must be filed under the new law.
Applications filed under Section 482 Cr.P.C. post-01.07.2024 are not maintainable due to the enforcement of the BNSS, necessitating compliance with new procedural requirements.
Applications filed post-enforcement of the BNSS must comply with Section 528 of BNSS, rendering Section 482 Cr.P.C. applications inadmissible.
The application under Section 482 Cr.P.C. is not maintainable post-repeal of the Cr.P.C. and enforcement of BNSS, necessitating adherence to new legal procedures.
Applications under Section 482 Cr.P.C. are not maintainable post-enforcement of the BNSS, necessitating compliance with new procedural laws.
Applications filed under the repealed Cr.P.C. are invalid after the enforcement of BNSS, necessitating compliance with the new legal framework.
Applications challenging proceedings post-implementation of the BNSS must be filed under Section 528, as those filed under Section 482 Cr.P.C. are not maintainable.
Post-enforcement of new criminal laws, applications under the old Cr.P.C. are not maintainable, necessitating filing under the new BNSS framework.
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