Ishan Singh @ Ishant Rajput v. State NCT Of Delhi And ANR

$~66 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6107/2024 ISHAN SINGH @ ISHANT RAJPUT .....Petitioner Through:

Mr. Shagun Mehta, Advocate.

versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Utkarsh, APP for the State with SI Sawai Singh, P.S.: Wazirabad.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 07.08.2024 CRL.M.A. 23368/2024 (exemption) Exemption granted, subject to just exceptions. The application stands disposed of.

CRL.M.C. 6107/2024 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973 ('CrPC'), the petitioner seeks quashing of case FIR No.250/2024 dated 18.03.2024 registered under sections 153-A/295-A of the Indian Penal Code, 1860 at P.S.: Wazirabad, Delhi. Though the present petition has been filed under the provisions of the Cr.P.C., in the opinion of this court, on a plain reading of section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita 2023 ('BNSS'), proceedings are to be "disposed of, continued, held or made" in accordance with the Cr.P.C. CRL.M.C. 6107/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/08/2024 at 11:42:11

only in cases where such proceedings, viz. "any appeal, application, trial, inquiry or investigation", were already pending immediately before the date on which the BNSS came into force, i.e. 01.07.2024. It appears therefore, that while inserting the repeal and savings provision in section 531 of the BNSS, the intention of Parliament was to not disrupt on-going proceedings by changing the governing law during the pendency of such proceedings. Since the present petition has been filed after 01.07.2024, in the opinion of this court, the present petition ought to have been filed under the BNSS. Be that as it may, in order to obviate any unnecessary delay, the present petition is treated as one under section 528 of the BNSS.

After making some submissions, learned counsel appearing for the petitioner seeks leave to withdraw the present petition. The petition is accordingly disposed-of as withdrawn; without making any observations on the merits of the matter. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J AUGUST 7, 2024/ak CRL.M.C. 6107/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.