DAYA SHANKAR NISHAD Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Arvind Yadav, learned counsel for the applicant and Sri Anish Kumar Upadhyay, learned AGA for the State.

(2.) The present 482 Cr.P.C. application has been filed to quash the impugned order dtd. 21/11/2024 passed by learned Additional District Judge, Court No.4, Gorakhpur in Criminal Revision No.221 of 2024 (Daya Shankar Nishad Vs. State of U.P. and Another), under Sec. -138 of Negotiable Instruments Act, 1881, Police Station-Rajghat, District Gorakhpur, may be directed to summon the record of complaint case no.1556 of 2019.

(3.) From perusal of the report of stamp reporter, it appears that present application filed u/s 482 Cr.P.C. was presented before the Registry on 16/1/2025. The Division Bench of this court in Criminal Misc. Writ Petition No.12287 of 2024 (Deepu & 4 Others Vs. State of U.P. & 3 Others) vide order dtd. 6/8/2024 has observed that all the applications filed u/s 482 Cr.P.C. after 1/7/2024 are not maintainable as the Cr.P.C. has been repealed and New Act i.e. BNSS has been enforced on 1/7/2024 and the proceedings or orders of District Courts subsequent to 1/7/2024 could be challenged only u/s 528 of BNSS. Paragraph no.16 of Deepu's case (supra) is being quoted as under: