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.

Headnote:
(A) Criminal Procedure Code, 1973 - Section 482 - New Criminal Laws - BNSS - The application for quashing the summoning order under Section 138 of N.I. Act was dismissed as not maintainable since it was filed after the enforcement of the BNSS, which replaced the Cr.P.C. - The court reiterated that applications challenging proceedings post-implementation of the new law must be filed under Section 528 of BNSS. (Paras 2, 3, 7)

(B) Legal Procedure - The court emphasized adherence to the new procedural framework set by BNSS after its enforcement on 01.07.2024, stating that any deviation from this would render applications filed under the old Cr.P.C. as non-maintainable. (Paras 5, 6)

Facts of the case:
The application under Section 482 Cr.P.C. was filed to quash a summoning order in a complaint case under Section 138 of the N.I. Act. However, since the Cr.P.C. was repealed and the BNSS enforced, the application was not maintainable.

Findings of Court:
The court found that the application was filed after the new law came into effect, and thus, it should have been filed under Section 528 of BNSS.

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

Ratio Decidendi: The court ruled that any application challenging proceedings initiated after the enforcement of the BNSS must comply with the new procedural requirements set forth in Section 528 of BNSS.

Result: The application is dismissed with liberty to file a fresh application under Section 528 of BNSS.

JUDGMENT :

Arun Kumar Singh Deshwal, J.

1. Heard Ms. Aishwarya Pandey, Advocate holding brief of Shri Rajneesh Tripathi, learned counsel for applicants, Sri Raj Bahadur Verma, 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 impugned summoning order dated 30.07.2024 passed by ACJM Court No. 5, Agra, in Complaint Case No. 8768/2024, under Section 138 of N.I. Act, P.S. Lohamandi, District-Agra.

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 21.01.2025. 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 in Deepu's case (supra

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