BHARAT TRADERS Vs. SPL CHIEF JUDICIAL MAGISTRATE ALLAHABAD

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution has been filed by Bharat Traders, a partnership firm, having its head office at Kanpur and 4 others for quashing of the notification No. 84 Bha Sa(2)/VII A.N. 225-79 dated Lucknow, Sept. 16, 1982, issued in exercise of powers under provisio to sub-sec. (1) of S. 11 of the Cr.P.C, 1973. The notification is as under :-

(2.) The Schedule below the notification mentions 12 Acts to be covered by it. The petitioner have challenged the validity of the notification on the ground that:- (i) one single court cannot be established for the entire State as entire State is not a 'local area'; (ii) the State does not have power under proviso to S. 11(1), Cr.P.C, to create special court for trying a class of cases for the entire State. (iii) the notification cannot operate the metropolitan areas in the State of U. P. (iv) the notification is violative of the provisions of Chap. XIII of the Code of Criminal Procedure with regard to the jurisdiction of Magistrates for the trial of offences; (v) creation of a special court at Allahabad is discriminatory and is violative of Art. 14 of the Constitution; and (vi) the notification interferes with the right of personal liberty conferred by Art. 21 of the Constitution.

(3.) The aforesaid writ petition and several others were classified and kept in one group for arguments. A counter affidavit has been filed on behalf of the State of Uttar Pradesh justifying the notification. Before we deal with the arguments, we may notice that the notification dt. Aug. 7, 1987, by which the notification, referred to above, has been modified and a new special court of Special Magistrate, First Class, has been created at Kanpur. The relevant portion of this notification is quoted below :-