Krishna Kumar Tiwari and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Krishna Kumar Tiwari and 2 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Order dated 9.6.2025 modified only to the extent that the revisional court's observation on non-applicability of BNSS is not to be considered in the fresh decision; notice to opposite party no. 2 dispensed with. The prayer to quash Misc. Case No. 715 of 2024 was not granted; the matter proceeds for fresh decision by the court concerned.

Issue for consideration

Whether the revisional court's observation that the procedure of BNSS was not applicable at the time of institution of the Application u/s 175(4) BNSS (incident dated 20.5.2024, prior to commencement of BNSS) should stand, given the settled position that proceedings initiated after commencement of BNSS are to be dealt with under the provisions and procedure of BNSS. +1 more

Court's answer

Order dated 9.6.2025 of the revisional court is modified only to the extent that its observation regarding non-applicability of BNSS shall not be taken into consideration by the court concerned while deciding afresh in pursuance of the directions passed by the revisional court vide order dated 9.6.2025.

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Srivastava, J.) disposes of Application u/s 528 BNSS No. 27953 of 2025 by modifying the order dated 9.6.2025 of the Additional District and Sessions Judge-Ist, Court No. 1, Auraiya passed in Criminal Revision No. 106 of 2024. The modification confines itself to striking out, for the purposes of the fresh decision directed by the revisional court, that order's observation that the procedure of the Bharatiya Nagarik Suraksha Sanhita, 2023 was not applicable at the time of institution of the Application u/s 175(4) BNSS, the incident therein being dated 20.5.2024, i.e., prior to commencement of BNSS. Counsel for applicants relied on the judgment dated 6.8.2024 of the Division Bench of this Court in Criminal Misc. Writ Petition No. 12287 of 2024 (Deepu and 4 others vs. State of U.P. and 3 others), which settled that even where the incident precedes commencement of BNSS, proceedings initiated thereafter are dealt with under the provisions and procedure of BNSS; the learned AGA opposed the prayer but did not dispute that judgment. Notice to opposite party no. 2 was dispensed with as only legal provisions were raised. The prayer to quash the entire proceeding of Misc. Case No. 715 of 2024 (Arun Kumar vs. Krishna Kumar Tiwari and others) under Section 175(4) BNSS, PS-Dibiyapur, District Auraiya was not acceded to; the underlying matter proceeds for decision afresh by the court concerned.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 27953 of 2025

Krishna Kumar Tiwari And 2 Others

.....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Ashutosh Mishra, Atul Kumar Shahi Counsel for Opposite Party(s) : G.A.

Court No. - 77

HON'BLE SAURABH SRIVASTAVA, J.

Heard Sri Atul Kumar Shahi, learned counsel for applicants and learned AGA for State.

The instant application has been preferred for challenging order dated 9.6.2025 passed by learned Additional District and Sessions Judge-I^st , Court no. 1, Auraiya over the Criminal Revision no. 106 of 2024 (Arun Kumar vs. State of U.P. and others).Further prayer has also been made to quash the entire criminal proceeding of Misc. Case no. 715 of 2024 (Arun Kumar vs. Krishna Kumar Tiwari and others) under Section 175(4) BNSS, PS- Dibiyapur, District Auraiya. Vide order dated 9.6.2025 matter has been remitted back to learned court concerned for deciding afresh in the light of the observations made while arriving over operative portion of order dated 9.6.2025.

Learned counsel for the applicants submitted that the observations as made by learned revisional court that the procedure of Bharatiya Nagarik Suraksha Sanhita, 2023 (in short 'BNSS') was not applicable at the time of institution of Application u/s 175(4) of BNSS was not maintainable since the date of incident as mentioned in the application was of 20.5.2024 and as per the judgment dated 6.8.2024 rendered by Division Bench of this Court in Criminal Misc. Writ Petition no. 12287 of 2024 (Deepu and 4 others vs. State of U.P. and 3 others), this matter has already been settled that even though the incident is prior to commencement of BNSS, in any case if any proceeding will initiate after commencement of BNSS, the

NA528 No. 27953 of 2025

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same shall be dealt with the same provisions and the procedure as defined under BNSS.

Per contra, learned AGA although vehemently opposed the prayer as made through instant application but did not disputed the judgment passed by Division Bench of this Court in Criminal Misc. Writ Petition no. 12287 of 2024 (Deepu and 4 others vs. State of U.P. and 3 others).

Since only legal provisions has been raised at the behest of learned counsel for applicants and as such process to issue notice to opposite party no. 2 is hereby dispensed with.

After hearing rival submissions extended by learned counsels for the parties, order dated 9.6.2025 is hereby modified only to the extent that observation as made by learned revisional court in respect of nonapplicability of BNSS will not taken into consideration while deciding afresh by learned court concerned in pursuance to directions passed by learned revisional court vide order dated 9.6.2025.

The instant application u/s 528 BNSS stands disposed of accordingly.

(Saurabh Srivastava,J.)

November 18, 2025 Shaswat

Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad