Back
IN THE HIGH COURT OF ALLAHABAD
ARUN KUMAR SINGH DESHWAL
Daya Shankar Nishad – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. Heard Sri Arvind Yadav, learned counsel for the applicant and Sri Anish Kumar Upadhyay, learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 21.11.2024 passed by learned Additional District Judge, Court No.4, Gorakhpur in Criminal Revision No.221 of 2024 (Daya Shankar Nishad Vs. State of U.P. and Another), under Section-138 of Negotiable Instruments Act, 1881, Police Station-Rajghat, District- Gorakhpur, may be directed to summon the record of complaint case no.1556 of 2019.
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 16.01.2025. The Division Bench of this court in Criminal Misc. Writ Petition No.12287 of 2024 (Deepu & Others Vs. State of U.P. & 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observed that all the applications filed u/s 482 Cr.P.C. after 01.07.2024 are not maintainable as the Cr.P.C. has been repealed and New Act i.e. BNSS has been enforced on 01.07.2024 and the proceedings or orders of District Courts subsequent to 01.07.2024 could be challenged only u/s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. Paragra
Applications under the old Cr.P.C. filed after the enactment of the BNSS are not maintainable.
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.
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Applications filed under the repealed Cr.P.C. are invalid after the enforcement of BNSS, necessitating compliance with the new legal framework.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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
