Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 2599

IN THE HIGH COURT OF ALLAHABAD
Arun Kumar Singh Deshwal, J.
Swati Gupta and Another - Appellants
Versus
State of U.P. and Others - Respondents
Application U/s 482 No. 1628 of 2025
Decided On : 06-02-2025

Advocates:
Advocate Appeared:
For the Appellants : Satish Kumar, Subhash Chandra Mishra

Post-enforcement of new criminal laws, applications under the old Cr.P.C. are not maintainable, necessitating filing under the new BNSS framework.

Headnote:
(A) Protection of Women from Domestic Violence Act, 2005 - Section 12 - Criminal Procedure Code, 1973 - Section 482 - Application for directing trial to conclude - Application filed under Section 482 Cr.P.C. dismissed as not maintainable following the repeal of Cr.P.C. and enforcement of BNSS on 01.07.2024 - Applicants permitted to file fresh application under Section 528 of BNSS. (Paras 2, 7)

(B) New Criminal Laws - Effect of repealing the IPC and Cr.P.C. - The court summarized the law regarding pending investigations and trials post-repeal, indicating that subsequent proceedings must adhere to the new law. (Paras 3, 4)

Facts of the case:
The application was filed to expedite the trial of a domestic violence case, but was dismissed due to the inapplicability of the Cr.P.C. after the enforcement of new criminal laws.

Findings of Court:
The application under Section 482 Cr.P.C. was dismissed as not maintainable, with directions for the applicants to file under the new procedure of BNSS.

Issues: The court addressed the maintainability of applications filed under the old Cr.P.C. after the enforcement of new laws.

Ratio Decidendi: The court ruled that applications filed under the old Cr.P.C. are not maintainable post-enforcement of BNSS, and clarified the transition of cases to the new legal framework.

Result: Application dismissed.

JUDGMENT :

Arun Kumar Singh Deshwal, J.

1. Heard Sri Satish Kumar, learned counsel for the applicants and Sri Rajeev Kumar Singh, learned AGA for the State.

2. The present application has been filed to direct the Additional Chief Judicial Magistrate, VII, Varanasi to conclude the trial of Case No. 2913 of 2023 (Swati Gupta and another vs. Dinesh Kumar Gupta and others), u/s 12 of Protection of Women From Domestic Violence Act, 2005, Police Station-Shivpur, District-Varanasi, within a stipulated period.

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 10.01.2025. 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. 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

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