ORDER :

1. This is a petition filed under Section 482 of the Code of Criminal Procedure raising an important point with regard to applicability of the Indian Penal Code (Andhra Pradesh Amendment) Act, 1991. The said Amending Act was enacted by the State of Andhra Pradesh exercising Legislative Powers under the concurrent list III of Schedule VII of the Constitution of India and taking assent of the President of India. The President has assented on 13-2-1991. Sub-Section (2) of Section 1 of the amending Act says that the Act will come into operation on issuance of notification. The notification in G.O.Ms. No. 165, Home (Courts-B) was published on 25th March 1992 to be effective from 1st April, 1992. The said notification is produced by Mr. T. Gopala Krishna, the learned counsel for the petitioner.

2. Even though the Criminal Procedure Code specifies the Court of Sessions as the authority to try an offence under Section 354 of the Indian Penal Code, the same has to yield to the substantive provision i.e., Indian Penal Code, as amended by the A.P. Act. No. 6 of 1991, which came into force with effect from 1-4-1992 while the offence was said to have been committed on 18-3-1992.

3. Whereve