1. The constitutional validity of S.53-A of the Code of Criminal Procedure, 1973 (for short the 'Code'), is in issue, in this writ petition. That apart, there is challenge to a police notice dated 18.10.2014, as at Annexure-'S', whereby, the second respondent called upon the petitioner to appear at 9.00 a.m., on 21.10.2014, in empty stomach, for medical examination at Victoria Hospital, Bengaluru.

2. Section 53-A of the Code, which was inserted by Act No.25 of 2005, with effect from 23.06.2006, reads as under:

"S.53A. Examination of person accused of rape by medical practitioner.-

(1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometers from the place where the offence has been committed by any other registered medical practitioner acting at the request of a police officer not below the rank of a sub-inspector, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose.

(2) The registered medical practitioner conducting such examination shall, without delay, examine such person and prepare a report of his examination giving the following particulars, namely:-

(i) the name and address of the accused and of the person by whom he was brought,

(ii) the age of the accused,

(iii) marks of injury, if any, on the person of the accused,

(iv) the description of material taken from the person of the accused for DNA profiling, and

(v) other material particulars in reasonable detail.

(3) The report shall state precisely the reasons for each conclusion arrived at.

(4) The exact time of commencement and completion of the examination shall also be noted in the report.

(5) The registered medical practitioner shall, without delay, forward the report of the investigating officer, who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of sub-section (5) of that section."

3. To appreciate the controversy raised in this petition, relevant facts are:

Miss Amushumathi Shastry, D/o. Diwakar Shastry lodged a complaint on 26.08.2014 before the Banashankari Police and a case in Crime No.219/2014 was registered for the offences punishable under Ss.354-A and 506 of IPC.

Banashankari Police transferred the said complaint and FIR No.219/2014 to the Girinagar Police and a case was registered in Crime No.164/2014. On 05.09.2014, the said case was transferred to the CID Special Cell.

W.P.No.43825/2014 filed to quash the complaint dated 26.08.2014 and FIR dated 28.08.2014, registered in Crime No.164/2014 by Girinagar Police (FIR in Crime No.219/2014 registered by Banashankari Police) was dismissed on 09.10.2014. In Crl.Misc.No.5826/2014, Addl. City Civil and Sessions Judge, Bengaluru by an order dated 09.10.2014, granted interim bail under S.438 (1)(iv) of the Code. On 12.10.2014, respondent No.2, served a notice on the petitioner, to appear on 13.10.2014, in respect of Crime Nos.164/2014 and 113/2014 for interrogation. The petitioner by submitting a representation dated 12.10.2014 sought time. In Crl.Misc.No.5896/2014, Addl. City Civil and Sessions Judge, Bengaluru granted an interim bail on 13.10.2014. Thereafter, the petitioner appeared before respondent No.2 with regard to the investigation in respect of the said crimes.

4. Notice vide Annexure- 'S' having been served on 20.10.2014, this writ petition was filed to declare S.53-A of the Code, as ultra vires the Constitution of India and quash Annexure-'S'. On 20.10.2014, Annexure - 'S' and all further proceedings in pur