Deepu And 4 Others Vs State of U.P. And 3 Others (Allahabad High Court)
The Allahabad High Court considered a writ petition seeking quashing of the First Information Report dated 03.07.2024 registered as Case Crime No. 0271 of 2024 under Sections 376(2)(n), 354, 147, 452, 504 and 506 IPC and Section 4 of the POCSO Act at Police Station Maudaha, District Hamirpur, along with a direction that the petitioners should not be arrested.
Earlier, by order dated 23.07.2024, the Court had directed the Superintendent of Police, Hamirpur, to explain why the FIR had been registered under the Indian Penal Code instead of the Bharatiya Nyaya Sanhita (BNS), which came into force on 01.07.2024.
In compliance, the Superintendent of Police filed a personal affidavit stating that the alleged incidents had occurred between 02.04.2024 and 28.06.2024, prior to the enforcement of the BNS. The affidavit also relied upon a circular dated 04.07.2024 issued by the Police Technical Services Headquarters, Uttar Pradesh, which provided that where an offence was committed before 01.07.2024 but the FIR was registered on or after that date, the FIR should be registered under the IPC while the investigation should proceed under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
