2018 (1) TMI 1528

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....n Salvi APP, for the Respondent. ORDER The issue raised in the present Petition is raised in number of Criminal Writ Petitions being Criminal Writ Petition Nos. 3507, 1679, 646 of 2016 and 3815 of 2015 and also in 4181 of 2017. 2. Various coordinate Benches of this Court, finding prima facie substance in the challenge raised in the Petitions, have granted certain interim protection. 3.&em....

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.... of the State of Uttar Pradesh. We do not intend to elaborate the said principle as that is not necessary in this case. What needs to be stated here is that the States where Section 438 Cr.P.C. has not been deleted and kept on the statute book, the High Court should be well advised that while entertaining petitions under Article 226 of the Constitution or Section 482 Cr.P.C., it exercises judicial....

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....gants at bay." 4. It is difficult to appreciate as to how the said judgment would be applicable to the facts of the present case. No doubt, Their Lordships have held that when the High Court while exercising jurisdiction under Article 226 of the Constitution or under Section 482 Cr.P.C. finds that no case is made out for interference, it will not be proper for this Court to pass an order of ....

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....ie found substance in the submissions and that too on the basis of law laid down by this Court in Om Prakash and Anr. v. Union of India and Anr - (2011) 14 SCC 1 = 2011 (272) E.L.T. 321, we find that similar protection which has been granted by the earlier Benches needs to be granted in the present matter also. 7. We therefore pass the following order :- ORDER (i)    &n....