AVDHESH KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Ms. Aishwarya Pandey, Advocate holding brief of Shri Rajneesh Tripathi, learned counsel for applicants, Sri Raj Bahadur Verma, learned A.G.A for the State and perused the record.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed for quashing the impugned summoning order dtd. 30/7/2024 passed by ACJM Court No. 5, Agra, in Complaint Case No. 8768/2024, under Sec. 138 of N. I. Act, P.S. Lohamandi, District- Agra.

(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 21/1/2025. 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observed that all the applications filed u/s 482 Cr.P.C. after 1/7/2024 are not maintainable as the Cr.P.C. has been repealed and New Act i.e. BNSS has been enforced on 1/7/2024 and the proceedings or orders of District Courts subsequent to 1/7/2024 could be challenged only u/s 528 of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: