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