Rajesh Yadav and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Allahabad HC19 Feb 2026A482/1442/2026

Case brief

AI extract

What is this about?

Applicants under Section 482 CrPC contended that summoning after the BNSS came into force should follow BNSS procedure rather than CrPC; State invoked the Section 531 BNSS repeal-and-savings provision for proceedings instituted earlier. The court heard arguments, sought further assistance from the Additional Advocate General, and adjourned.

What the court decided

AI extract

Rajesh Yadav and 4 Others vs State of U.P. Thru… — Criminal Trial and Appeal | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 1442 of 2026

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Rajesh Yadav And 4 Others

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)

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Counsel for Applicant(s) : Kaushal Kishore Tewari Counsel for Opposite Party(s) : G.A.

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Court No. - 16

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HON'BLE BRIJ RAJ SINGH, J.

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Heard Shri Kaushal Kishore Tewari, learned counsel for the applicants and Shri Rao Narendra Singh, learned AGA-I for the State.

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Shri Kaushal Kishore Tewari, learned counsel for the applicants has submitted that though the complaint was filed by the opposite party no.2 on 19.07.2023 but in view of judgment passed by High Court of Punjab and Haryana at Chandigarh in Sikander Singh Vs. Directorate of Enforcement, Chandigarh, CRM-M-29954-2025, decided on 29.07.2025 , the procedure of Bhartiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") should be adopted and in the present case, the procedure of Code of Criminal Procedure (in short "CrPC") has been adopted while summoning the accused vide order dated 11.07.2025.

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On the other hand, Shri Rao Narendra Singh, learned AGA-I for the State has pointed out that BNSS has come into force with effect from 01.07.2024 and the proceeding was instituted under CrPC, prior to enforcement of BNSS. He has further submitted that Section 531 BNSS pertaining to Repeal and Savings comes into play which provides if, immediately before the date on which BNSS comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of CrPC, as in force immediately before such commencement

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A482 No. 1442 of 2026

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of CrPC.

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He has further submitted that enacted legislative provision is very clear that prior to commencement of enforcement of BNSS, the proceeding was pending, therefore, the procedure under CrPC would be applicable in view of Section 531(2) and (3) BNSS.

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Let Shri Vimal Kumar Srivastava, learned Additional Advocate General argue this case on behalf of the State and assist this Court.

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List on 26.02.2026 at 12:30 P.M..

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It is made clear that the Court below will not be influenced on account of pendency of the instant application.

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(Brij Raj Singh,J.)

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February 19, 2026 Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Rajesh Yadav and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

Case brief

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Rajesh Yadav and 4 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another

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