Application under Section 482 Cr.P.C. to quash a cheque-dishonour complaint filed after the BNSS came into force; dismissed as not maintainable in view of Deepu's case, with liberty to file afresh under Section 528 BNSS.
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Neutral Citation No. - 2025:AHC:15481
Court No. - 77
Case :- APPLICATION U/S 482 No. - 3102 of 2025
Applicant :- Smt. Suman Goyal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Afzal Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
" 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."
withholding the applications u/s 482 Cr.P.C. considering the huge backlog of cases presented before the Stamp Reporter (Criminal) for reporting. But that does not mean that Committee has permitted to file application u/s 482 Cr.P.C. in deviation of judgement passed in Deepu's case (supra) , even after its resolution dated 22.08.2024 which was communicated to Stamp Reporter (Criminal) on 29.08.2024. Even then the applications u/s 482 Cr.P.C. have been continuously filed, even in the year 2025 taking advantage of the resolution dated 22.08.2024 of the Hon'ble Committee which has resulted the placing of application u/s 528 of BNSS below the application filed u/s 482 Cr.P.C., despite being filed earlier in time.
Order Date :- 4.2.2025 Sharad/-
Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Is an application under Section 482 Cr.P.C. filed after 01.07.2024 maintainable for challenging proceedings, given that Cr.P.C. has been repealed and BNSS is in force?
Colour shows how this judgement treated each authority
Deepu & 4 Others Vs. State of U.P. & 3 OthersRelied on¶3
Criminal Misc. Writ Petition No.12287 of 2024 (Deepu & 4 Others Vs. State of U.P. & 3 Others)
3 provisions across 3 enactments
Smt. Suman Goyal And 3 Others
State of U.P.
Another
Arun Kumar Singh Deshwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
