SHEIKH WAJIH UDDIN Vs. STATE

JUDGEMENT

(1.) Sheikh Wahaj Uddin (hereinafter referred to as the accused) is being prosecuted for an offence punishable under Section 153-A, I.P.C. in the court of the Judicial (Officer (III) at Kanpur. He made an application to this Court under Article 228 of, the Constitution of India which was allowed by Desai, C. J. who directed the transfer of the case to this Court for decision of the question of vires of Section 153-A, I.P.C., but expressly said in his order that only this question shall be decided here.

(2.) We have heard Mr. Kunzru for the accused and the (earned Government Advocate for the State. Mr. Kunzru has made only the following two submissions before us:

(3.) Coming to the second submission of the learned counsel it would be profitable to reproduce tne provisions of Section 153-A I.P.C. The said section reads as follows:-