Section 482 Cr.P.C. application post 01.07.2024 not maintainable; must file under Section 528 BNSS; Committee resolution does not override Division Bench ruling in Deepu case.
liberty to the applicant to file fresh application u/s 528 of BNSS to challenge the impugned proceeding ¶¶19
The present application under Section 482 Cr.P.C. challenging the impugned proceeding is not maintainable because it was filed after 01.07.2024 and after the Committee resolution, and the Cr.P.C. has been repealed and BNSS enforced; the application is dismissed with liberty to file fresh application under Section 528 of BNSS. ¶¶19
Neutral Citation No. - 2025:AHC:17356
Court No. - 77
Case :- APPLICATION U/S 482 No. - 3717 of 2025
Applicant :- Jitendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Nandan Pandey 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."
Order Date :- 6.2.2025 Sharad/-
Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether an application under Section 482 Cr.P.C. filed after 01.07.2024 is maintainable when the Cr.P.C. has been repealed and BNSS enforced on 01.07.2024.¶¶8
The Committee resolution dated 22.08.2024 does not permit filing applications under Section 482 Cr.P.C. in deviation of the Division Bench judgement in Deepu's case; it only directed not to withhold such applications but to place them before the court with a note.ratio¶¶18
Whether the Committee resolution dated 22.08.2024 permits filing applications under Section 482 Cr.P.C. in deviation of the Division Bench judgement in Deepu's case.¶¶18
Colour shows how this judgement treated each authority
Deepu & 4 Others Vs. State of U.P. & 3 OthersRelied on¶¶8
Criminal Misc. Writ Petition No.12287 of 2024 (Deepu & 4 Others Vs. State of U.P. & 3 Others)
8 provisions across 5 enactments
How this case reached the court
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¶¶7
Sessions Judge, District Ghaziabad · 18.12.2024
Division Bench in Criminal Misc. Writ Petition No.12287 of 2024 (Deepu & 4 Others Vs. State of U.P. & 3 Others) vide order dated 06.08.2024 observed that applications filed u/s 482 Cr.P.C. after 01.07.2024 are not maintainable as Cr.P.C. repealed and BNSS enforced¶¶8
Hon'ble Committee resolution dated 22.08.2024 directed Stamp Reporter to comply with Deepu's case order and not withhold applications filed in deviation but place them before court with a note¶¶16
Committee resolution dated 22.08.2024 for not withholding applications u/s 482 Cr.P.C. considering backlog, but not permitting filing in deviation of Deepu's case judgement¶¶18
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
