Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 2704

IN THE HIGH COURT OF ALLAHABAD
Arun Kumar Singh Deshwal, J.
Kanhaiya and Others - Appellants
Versus
State of U.P. and Another - Respondents
Application U/s 482 No. 41397 of 2024
Decided On : 06-02-2025

Advocates:
Advocate Appeared:
For the Appellants : Rizwan Sayed, Ziya Uddin

Applications under Section 482 Cr.P.C. are not maintainable post-enforcement of the BNSS, necessitating compliance with new procedural laws.

Headnote:
(A) Criminal Procedure Code, 1973 - Section 482 - New Criminal Laws - The application under Section 482 was filed to quash a summoning order and proceedings under Section 498-A, 323, 504 IPC and Section 3/4 D.P. Act - The Division Bench clarified that applications filed under Section 482 after 01.07.2024 are not maintainable due to the repeal of the Cr.P.C. and the enforcement of the BNSS - The Hon'ble Committee directed compliance with the new law, emphasizing that applications must adhere to the new procedural framework. (Paras 3-7)

(B) Legal Procedure - The court ruled that the present application is not maintainable as it was filed after the new law's implementation, allowing the applicants to file under Section 528 of BNSS instead. (Para 7)

Facts of the case:
The application was filed by multiple applicants against a summoning order in a domestic violence case, challenging the validity of the proceedings under the repealed Cr.P.C.

Findings of Court:
The court found that the application under Section 482 Cr.P.C. could not be entertained post-implementation of the BNSS, and thus, the application was dismissed.

Issues: The main issue was whether the application under Section 482 Cr.P.C. was maintainable after the enactment of new criminal laws.

Ratio Decidendi: The court determined that applications challenging proceedings must comply with the new laws and cannot proceed under the old Cr.P.C.

Result: Application dismissed with liberty to file under Section 528 of BNSS.

JUDGMENT :

Arun Kumar Singh Deshwal, J.

1. Heard Sri Rizwan Sayed, learned counsel for the applicants and Sri Ramesh Kumar, learned AGA for the State.

2. The present 482 Cr.P.C. application has been filed to quash the impugned summoning order dated 05.03.2024 passed by Additional Civil Judge (J.D.) Judicial Magistrate, Garhmukteshwar, Hapur as well as entire proceedings of Complaint Case No. 756 of 2022, Smt. Simpal Vs. Kanhaiya and others, under Section-498-A, 323, 504 IPC and Section-3/4 D.P. Act, Police Station-Bahadurgarh, District-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 26.11.2024. 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 deviatio

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