A complaint was filed under section 200 of CrPC in 2023 which was disposed (as dismissed) under section 203 of CrPC on 01 Sep 2024 no other proceedings are pending with respect to this case as such.
Some High Courts such as P&H HC (Abhishek Jain Vs. State of U.T. Chandigarh, [CRL.A. 1186 of 2024; DoJ: July 15, 2024]) and Bom HC(at Goa) (Chowgule and Company Pvt. Ltd. Vs State of Goa[CrWP 618 of 2024; DoJ: Aug 02, 2024]) suggest that the revision should be filled in BNSS
While Delhi HC in S. Rabban Alam Vs. CBI (CRL.A. 578 of 2024,DoJ: Jul 10, 2024]) , left the question as to whether a criminal appeal from the judgement should be dealt under CrPC or BNSS. It mentioned (in para 4) that an appeal is considered to be a continuation of the trial(and therefore the appeal should be treated as a pending proceeding to be adjudicated under Cr.PC).
- The revsion before session court would lie under BNSS(considering judgements of P&H HC and Bom HC) or under CrPC(considering revsion being simillar to appeal a continuation of trial as observed by Delhi HC)
- The other important question in this respect would be
- If in that revision before the session court we were to challenge the procedural illegality that took place under section 200 of CrPC, then will the illegality that has occurred be judged by the definition given in section 200 of Cr.P.C or by the definition under section 223 of BNSS(notice that this section has changed in comparison to CrPC)
- If the Sessions Court quashes the dismissal of case and remits the matter back for fresh consideration to the trial Court then the proceedings again become pending as on 01 Jul 2024(date when BNSS came to force) before the trial court because the case was instituted in 2023 . So in that situation will the CrPC apply for further proceeding or BNSS apply
I will deeply apprecaite a point wise reply if possible
