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IN THE HIGH COURT OF ALLAHABAD
Arun Kumar Singh Deshwal, J.
Inam and Another - Appellants
Versus
State of U.P. and Another - Respondents
Application U/s 482 No. 1675 of 2025
Decided On : 06-02-2025
(A) Negotiable Instruments Act, 1881 - Section 138 - Criminal Procedure Code, 1973 - Section 482 - Application to quash proceedings - The present application under Section 482 Cr.P.C. was filed to quash the order dated 26.11.2021 in a complaint case under Section 138 of the Negotiable Instruments Act - The application was found not maintainable as it was filed after the enforcement of the BNSS on 01.07.2024, which repealed the Cr.P.C. - The court emphasized the necessity to follow the new procedural laws post-implementation of BNSS. (Paras 2, 3, 7)
(B) New Criminal Laws - The new procedural framework mandates that all applications filed post-01.07.2024 must comply with Section 528 of BNSS rather than Section 482 Cr.P.C. - The court reiterated that any deviation from the new law regarding applications would not be entertained. (Paras 3, 6)
Facts of the case:
The applicants sought to quash the order in a complaint case under Section 138 of the Negotiable Instruments Act, but the application was filed after the new BNSS came into effect, which altered the procedure for challenging such orders.
Findings of Court:
The application under Section 482 Cr.P.C. is dismissed as it is not maintainable post-implementation of the BNSS, allowing the applicants to file a fresh application under Section 528 of BNSS.
Issues: The primary issue was whether the application under Section 482 Cr.P.C. was maintainable after the introduction of the BNSS.
Ratio Decidendi: The court held that applications filed after the enforcement of the BNSS must adhere to the new procedural requirements, thus rendering the present application under Section 482 Cr.P.C. inadmissible.
Result: Application dismissed.
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. Heard Sri Jaideep Pandey, Advocate, holding brief of Sri Kushagra Srivastava, learned counsel for the applicants and Sri Pankaj Srivastava, learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the order dated 26.11.2021 passed by Judicial Magistrate, Hapur as well as entire proceedings of Complaint Case No. 9036 of 2021, Aamir Kureshi Vs. Al Suhail Trading Company Proprietor and Others, under Section-138 of Negotiable Instruments Act, 1881, Police Station-Hapur Nagar, District-Hapur, pending in the court of Additional Civil Judge (Junior Division) 1st, Hapur.
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 Cou
Applications filed post-enforcement of the BNSS must comply with Section 528 of BNSS, rendering Section 482 Cr.P.C. applications inadmissible.
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.
Post-enforcement of BNSS, applications under the old Cr.P.C. are invalid and must be filed under the new law.
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.
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 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.
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.
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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