VIKASH ANAND SINGH Vs. STATE OF U P

JUDGEMENT

(1.) These writ petitions have been filed by the respective petitioners primarily seeking quashing of the First Information Reports lodged against them. In Writ Petition No. 2423 (MB) of 2014, besides the prayer for quashing the First Information Report dated 29.12.2012, registered at Case Crime No. 503 of 2012, under Sections 406, 420, 467, 468, 471, 147, 148, 452, 504, 506, 427 I.P.C., Police Station Krishna Nagar, District Lucknow, a prayer for issuing a writ in the nature of mandamus directing the respondents not to arrest the petitioners in the aforesaid case crime number has also been made. It has also been prayed that the provisions contained in Section 9 of the U.P. Act No. 16 of 1976 be declared as ultra vires to the provisions of the Constitution and further to direct the respondents and their instrumentalities not to give effect to the provisions contained in the said Act. It has further prayed that a writ of mandamus be issued to the respondent Nos. 1 and 2, namely, Union of India through Secretary to Hon'ble President and Union of India through Secretary, Home to immediately accord the assent to the Code of Criminal Procedure Uttar Pradesh (Amendment) Bill, 2010, whereby the State Legislature of U.P. has passed the bill for restoration of Section 438 of the Code of Criminal Procedure in its application to the State of U.P.

(2.) So far as the constitutional validity of Section 9 of U.P. Act No. 16 of 1976 is concerned, issue is no more res integra as the same stands concluded by the Constitution Bench of Hon'ble Supreme Court in the case of Kartar Singh Vs. State of Punjab, 1994 3 SCC 569 whereby the constitutional validity of the said U.P. Act No. 16 of 1976 has been upheld.

(3.) Section 438 of the Code of Criminal Procedure makes a provision for grant of bail to persons apprehending arrest which is also known as the provision for anticipatory bail. Section 438 of the Code of Criminal Procedure provides that where any person has apprehension that he may be arrested on charges of having committed a non-bailable offence, he may move to the High Court or the Court of Sessions for a direction under this Section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration certain factors mentioned in Section 438 of the Code of Criminal Procedure itself, either reject the application or issue an interim order for grant of anticipatory bail.