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WAHID HUSSAIN versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Wahid Hussain v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 5057 of 2007 [2007] RD-AH 7052 (17 April 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Crl. Misc. Writ Petition No. 5057 of 2007

Hon'ble Sushil Harkauli, J.

Hon'ble Ajai Kumar Singh, J.

Heard learned counsel for the petitioner.

Learned counsel for the petitioner is arguing that the U.P. Sugarcane (Regulations of Supply and Purchase) Act, 1953 and the Rules made thereunder in 1953 and 1954, which is a Legislation by the U.P. Legislature and delegated and sub-ordinate Legislation under that enactment, will override the provisions of the Central Act i.e. Criminal Procedure Code.

In a nut-shell, the argument is that notwithstanding the Criminal Procedure Code, the police officer will have no power to investigate an act which constitutes an offence under section 406/420 I.P.C., both of which are cognizable offences because of the aforesaid Legislation by the U.P. Legislature.

The argument does not even call for a reply in this judgment.

The writ petition is accordingly dismissed.

Dated: April 17, 2007

AM/-


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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