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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Arun Kumar Singh Deshwal,J.
Jitendra Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Arun Kumar Singh Deshwal, J.
1. Heard Shri Rohit Nandan Pandey, learned counsel for applicants, Sri S.K. Kushwaha, 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 order dated 18.12.2024 as per the provision of Section 148 of the N.I. Act in Criminal Appeal No. 201/2024, pending in the court of Sessions Judge, District-Ghaziabad against the judgment and sentence dated 15.10.2024 passed by the ACJM, Court No. 3 Ghaziabad in Complaint Case No. 7886/2021, P.S. Kotwali, District- Ghaziabad.
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observed that all the applications filed u/s 482 Cr.P.C. after 01.07.2024 are not maintainable as the Cr.P.C. has been repealed and New Act i.e. BNSS has been enforced on 01.07.2024 and the proceedings or orders of District Courts subsequent to 01.07.2024 could be challenged only u/s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.
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Applications filed under the repealed Cr.P.C. are invalid after the enforcement of BNSS, necessitating compliance with the new legal framework.
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.
Applications under Section 482 Cr.P.C. are not maintainable post-enforcement of the BNSS, necessitating compliance with new procedural laws.
Post-enforcement of BNSS, applications challenging criminal proceedings must be filed under Section 528 of BNSS, not Section 482 Cr.P.C.
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.
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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