ABA/133/2025
2025 Latest Caselaw 4862 UK

Uttarakhand High Court

ABA/133/2025 on 14 October, 2025

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                                COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      14.10.2025                        ABA No.133 of 2025
                                        With
                                        ABA No.261 of 2025
                                        ABA No.447 of 2025
                                        ABA No.562 of 2025
                                        ABA No.617 of 2025
                                        ABA No.623 of 2025
                                        ABA No.728 of 2025
                                        Hon'ble G. Narendar, C.J.

Hon'ble Subhash Upadhyay, J.

1. We have heard Mr. Avtar Singh Rawat, learned Senior Counsel assisted Ms. Prabha Naithani, Mr. Bhupesh Kandpal, Mr. Piyush Sammal and Ms. Sarita Bisht, Mr. Anchit Khokher, Mr. Naveen Singh Bisht and Mr. Aditya Kumar, learned counsels for the applicants, and Mr. J.S. Virk, learned Deputy Advocate General for the State of Uttarakhand, Mr. Piyush Garg, learned counsel for the CBI, and Mr. Shobhit Saharia, learned counsel for the NCB.

2. The learned Single Judge has framed the following issue for reference, and to be answered by the Division Bench :

"Whether the provision of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 would prevail over the Uttarakhand State Amendment under Section 438 of the Code of Criminal Procedure, 1973 and since the provisions of the Sanhita, 2023 are beneficial to the accused, can it be applied with respect to earlier cases (regardless of when the case of the accused originated)?"

3. Having heard the counsels, and having examined the provision of Section 531 of BNSS and Section 358 of the BNS and Section 438 of the Cr.P.C., and the State Amendment introduced vide Uttarakhand Act No. 22 of 2020, and having perused the judgment rendered by the Allahabad High Court, we are of the opinion that certain additional issues may arise, and calls for a detailed interpretational exercise.

4. Hence, we call upon the counsels to submit draft additional issues.

5. Liberty is reserved to the parties to move the Court after Diwali vacations.

(Subhash Upadhyay, J.) (G. Narendar, C.J.) 14.10.2025 14.10.2025 Rahul