The Allahabad High Court has held that the Code of Criminal Procedure (Uttar Pradesh Amendment) Act 2018 (U.P. Act No. 4 of 2019) passed by the State legislature would stand impliedly repealed after re-enactment of Bharatiya Nagrik Surakhsha Sanhita 2023. The High Court also observed that the subsequent law made by the Parliament, though, does not expressly repeal the State law, nevertheless, the State Law will be impliedly repealed.

The application before the High Court was filed on behalf of the applicant with the prayer to grant him anticipatory bail in a case registered under sections 2 and 3 of the U.P. Gangster Act.

The Single Bench of Justice Shree Prakash Singh said, “Consequently, the Code of Criminal Procedure (Uttar Pradesh Amendment) Act 2018 (U.P. Act No. 4 of 2019) passed by the State legislature would stand impliedly repealed.”

“Needless to say that it is always open to the State Legislature to bring State amendment in the newly enacted Sanhita 2023”, it added.

Advocate Sushil Kumar Singh represented the Petitioner while Government Advocate represented the Respondent.

Arguments

It was the applicant’s plea that the rival, Satyanaran and his family involved in the business of Brick-lin and Transport, had lodged fifteen first information reports against the applicant and further, the brother-in-law of the applicant, namely, Anand, in animosity, had also lodged several first information reports against him. It had also been stated that the opponent of the applicant, being financially and politically powerful, was pressuring the police officers, and they were also affecting the judicial proceeding before the trial court. The next ground for directly approaching the Court for anticipatory bail was that there was a threat to life to the applicant as there was acute enmity between the parties.

Reasoning

The Bench referred to the judgment in Ankit Bharti v. State of U.P. and another (2020) wherein it has been held that the entertainment of an application directly by the High Court is for the consideration of the Judge before whom the petition is placed. “Meaning thereby, that there is no absolute bar that a person who has apprehension of arrest, cannot approach the High Court directly rather this will depend on the facts and circumstances of the case, on the basis of which the Hon'ble Judge will apply its discretion and would take the decision regarding the maintainability of such anticipatory bail application”, the Bench said while rejecting the objection regarding the maintainability of the anticipatory bail application on the ground of directly approaching the High Court.

One of the objections raised was whether the riders of section 6(a)(b) of the Act 2018-(U.P. Act No. 4 of 2019) is still enforceable/applicable after the repeal of Cr.P.C. 1973 and re-enactment of ‘Sanhita 2023.’

The Bench, at the outset, explained that with effect from July 1, 2024, the Cr.P.C. 1973 has been repealed and the parliament came with the new legislation in the name of Bharatiya Nagrik Surakhsha Sanhita 2023. It was further noted that the old provision contained in Section 438 of the erstwhile CrPC, 1973, is completely different from the new provision for anticipatory bail contained in Section 482 of the Sanhita 2023. “Evidently, under Section 482 of Sanhita 2023, the Hon'ble Courts have been conferred wider powers and discretion for granting anticipatory bail. It is not just the section number but even the text and intent of the provision for grant of anticipatory bail have been changed under the new provision contained in Section 482 of Sanhita 2023”, it said.

The Bench noticed that the Cr.P.C. 1973 has been repealed and there is no existence of the Cr.P.C. 1973, and the State amendments made in the erstwhile Cr.P.C. 1973 do not find place in the saving clause of the newly enacted Sanhita 2023. Reference was made to the stand of the State Government in the counter affidavit that the State of U.P. has proceeded with the State amendment regarding the anticipatory bail in Sanhita 2023, and the draft amendment is also prepared. This clearly showed that the State Government was also aware that after the repeal of the earlier Cr.P.C. 1973, the amendment by way of Act No. 4 of 2019 was not enforceable.

“In view of the aforesaid submission and discussions, I am of the considered opinion that the subsequent law made by the Parliament though, does not expressly repeal the State law, nevertheless, the State Law will be impliedly repealed and that shall give way to any subsequent parliament law in respect with “same matter” which adds to, amends, varies or repeals the law made by the legislature of the State, by virtue of operation of proviso of Article 254 of the Constitution of India”, it said.

Thus, the Bench held that the Code of Criminal Procedure (Uttar Pradesh Amendment) Act 2018 (U.P. Act No. 4 of 2019) passed by the State legislature would stand impliedly repealed. “List this matter before appropriate Court, in the first week of July, 2025…The interim order granted earlier, shall continue till then”, it concluded.

Cause Title: Raman Sahni v. State Of U.P. Addl. Chief Secy. Deptt. Of Home Lko (Neutral Citation: 2025:AHC-LKO:33260)

Petitioner: Advocates Sushil Kumar Singh, Ayush Singh

Respondent: G.A., Advocates Abhisar Dev, Prashant Kumar Singh, Rachit Gupta, Sriniwas Bajpai

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Allahabad High CourtJustice Shree Prakash Singh

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.