VINOD RAO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is a journalist and has been residing in the City of Ahmedabad. It appears that there were some quarrels in the area where the petitioner has been residing. Therefore one Mr. Ramamurthy lodged information with the police against the petitioner at Naranpura Police Station Ahmedabad. The information disclosed that the petitioner had committed three offences punishable under the Indian Penal Code. One was under section 352 another was under section 506 (2) and the third was under section 504 of the Code. The petitioner was thereupon called to the Police Station and was taken in police custody. Within 24 hours he was produced before the Magistrate who enlarged him on bail. Thereafter the police filed against the petitioner chargesheet in the Court of the Metropolitan Magistrate City of Ahmedabad.

(2.) The petitioner thereupon filed this petition in which he prays for quashing the chargesheet filed against him by the police. In support of the prayer which he has made he has urged that since the offences alleged to have been committed by him are non-cognizable the police could not have filed the chargesheet against him and that he could not have been arrested by the police without a warrant. It is in this context that at an earlier stage it was brought to the notice of this Court that under subsections (1) and (2) of section 10 of the Criminal Law Amendment Act 1932 notification had been issued by the local Government which made offence punishable under section 506 of the Indian Penal Code cognizable and non-bailable. Thereupon the petition was amended by the petitioner with the leave of the Court. By the amended petition the petitioner challenges the vires of section 10 of the Criminal Law Amendment Act 1932 as well as the validity of the notification issued thereunder.

(3.) We are therefore required in this case to decide whether subsecs. (1) and (2) of sec. 10 of the Criminal Law Amendment Act 1932 are intra vires Article 14 or ultra vires it and whether the notification or notifications issued thereunder are valid.