Intekhab Alam v. State of U.P. and Another
Criminal Miscellaneous (482 Cr.P.C.) Application – Maintainability after enforcement of BNSS on 01.07.2024
Case brief
What is this about?
Allahabad High Court (Court No. 77), single bench of Arun Kumar Singh Deshwal, J., order dated 4.2.2025 in Application U/S 482 No. 3049 of 2025 (Intekhab Alam v. State of U.P. and Another). 482 Cr.P.C. application to quash summoning order dated 26.02.2020 of CJM Pilibhit and proceedings of Complaint Case No. 1557 of 2020 dismissed as not maintainable, having been filed on 15.01.2025 after repeal of Cr.P.C. and enforcement of BNSS on 01.07.2024; remedy lies u/s 528 BNSS. Relies on and follows Division Bench ruling in Deepu v. State of U.P. (Cri. Misc. W.P. No.12287 of 2024, order dated 06.08.2024), whose para 16 transitional provisions on IPC/Cr.P.C. replaced by BNS/BNSS (including S. 531(2)(a) BNSS) are reproduced; Committee resolution dated 22.08.2024 on non-withholding of applications explained. Liberty granted to move afresh u/s 528 BNSS.
What did the court decide?
Liberty to the applicant to file a fresh application u/s 528 of BNSS to challenge the impugned proceeding; Office directed to return the certified copy of the impugned order/orders to learned counsel for the applicant after retaining photocopy.