ORDER

1. In this petition, the vires of Section 9 of the Code of CrPC (U.P. Amendment) Act, 1976 (Act 16 of 1976) has been challenged on the ground that the section is violative of Articles 19, 14 and 21 of the Constitution of India. Considering the importance of the point raised in Writ Petition No. 5883 of 1980, a Bench of this Court by an order dated 31-3-1981 [Ram Narayan Singh v. State of U.P., (1981) 2 SCC 757] the said writ petition to be considered by a larger Bench by noting that the point involved was a very substantial question of law as to the interpretation a and application of various articles of the Constitution having far-reaching consequences, not only in the State of U.P. but in other States if they choose to follow suit and adopt the stand taken by the U.P. Legislature. It was also indicated in the said order that Section 438 of the Code of CrPC as introduced by Parliament is applicable to all the States.

2. It however appears that the said writ petition came up before a Constitution Bench of this Court and the same was disposed of on 18-2-1983 without considering the case on merits because the learned counsel appearing for the petitioner did not press the writ p