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.

Headnote:
(A) Criminal Procedure Code, 1973 - Section 482 - BNSS - Section 528 - Quashing of order - Application under Section 482 Cr.P.C. dismissed as not maintainable due to repeal of Cr.P.C. and enforcement of BNSS, which governs subsequent proceedings - The court emphasized the need to comply with the new legal framework established by the BNSS. (Paras 3, 7)

(B) Legal Procedure - The court outlined the procedural transition from Cr.P.C. to BNSS, clarifying that applications challenging orders must follow the new statute post-enforcement. (Paras 3, 6)

Facts of the case:
The application sought to quash an order under Section 148 of the N.I. Act, but was filed after the repeal of the Cr.P.C., which is no longer applicable. The court noted the transition to BNSS which governs such applications.

Findings of Court:
The application under Section 482 Cr.P.C. is dismissed, with the option for the applicant to file a fresh application under Section 528 of BNSS, as the prior legal framework is no longer valid.

Issues: The primary issue was whether the application under Section 482 Cr.P.C. was maintainable following the repeal of the Cr.P.C. and the enforcement of BNSS.

Ratio Decidendi: The court held that the application was not maintainable under the old law and must adhere to the new provisions of BNSS, emphasizing the importance of compliance with the updated legal framework.

Result: Application dismissed.

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. 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

Click Here to Read the rest of this document