Chagla, C.J.

1. This is an application by the petitioner under Article 228 of the Constitution. The petitioner is charged under Section 497 of the Indian Penal Code and he is being prosecuted for that offence. His contention is that Section 497 offends against the provisions of Articles 14 and 15 of the Constitution and therefore Section 497 is bad and he cannot be prosecuted under that section. He wants this question to be determined by the High Court, and, therefore, he desires that the case which is pending before the Presidency Magistrate should be sent up to us so that we should decide this point.

2. Now, Section 497 defines adultery and adultery is defined as sexual intercourse by a man with a woman who is the wife of another man and the intercourse must take place without his consent while the man knows or has reason to believe that the woman is the wife of another, man. The section also provides that the wife shall not be punishable as an abettor. What is contended by Mr. Peerbhoy, on behalf of the petitioner is that this section contravenes Article 14 of the Constitution. That article provides that the State shall not deny to any person equality before the law or e