G. VARADARAJU Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, a party-in-person is knocking at the doors of Writ Court for assailing the constitutional validity of sec. 378(4) r/w sec. 394(1) of the Code of Criminal Procedure, 1973. Going by the haphazard structure of the petition and equally haphazard submissions made by the petitioner, this Court gathers an impression that his essential grievance happens to be against the statutory abatement of criminal proceedings on the death of accused, in certain circumstances. He contends that this selective abatement is discriminatory and therefore, violative of the Equality Clause enshrined in Article 14 of the Constitution of India.

(2.) After service of notice, the respondent Nos.1 & 2 i.e., Union of India has entered appearance through its Senior Panel Counsel. Similarly, the 3rd respondent- Principal Secretary of the State Government is represented by the learned AGA. Both the counsel appearing for the respondents resist the Writ Petition making submission in support of constitutionality of the impugned statutory provisions contending that the said provisions have been there since more than a century in one or the other form and pari materia provisions do obtain in all civilized jurisdictions. They also submit that there is a strong presumption of constitutionality of legislations, for rebutting which, no case is made out. They also find fault with the petition in which none from the side of deceased accused, is arrayed as a party. So contending, they seek dismissal of the Writ Petition.

(3.) BRIEF FACTS OF THE CASE: