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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Arun Kumar Singh Deshwal,J.
Arpit Kumar Chaubey – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. Heard Shri Amit Kumar Singh, Advocate holding brief of Shri Sanjeev Kumar Singh, 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 20.05.2024 passed by ACJM 1st, Gorakhpur in Complaint Case No. 47116/2023, under Section 138 of N. I. Act, P.S. Chaurichaura, District-Gorakhpur.
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 27.01.2025. 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observed that all the applications filed u/s 482 Cr.P.C. after 01.07.2024 are not maintainable as the Cr.P.C. has been repealed and New Act i.e. BNSS has been enforced on 01.07.2024 and the proceedings or orders of District Courts subsequent to 01.07.2024 could be challenged only u/s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 analys
Applications filed under the repealed Cr.P.C. are invalid after the enforcement of BNSS, necessitating compliance with the new legal framework.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.
Applications under Section 482 Cr.P.C. are not maintainable post-enforcement of the BNSS, necessitating compliance with new procedural laws.
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.
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.
Post-enforcement of BNSS, applications challenging criminal proceedings must be filed under Section 528 of BNSS, not Section 482 Cr.P.C.
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 new criminal laws, applications under the old Cr.P.C. are not maintainable, necessitating filing under the new BNSS framework.
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