1. By this common order, I shall dispose of the above two writ petitions preferred by the petitioners. The writ petition no. 152 of 2010 has been filed by the petitioners with prayer that Section 160 of Cr.P.C be declared unconstitutional being contrary to Articles 14 and 21 of the Constitution of India as it conferred unbridled powers on a lowest rank of police official and lays down no guidelines for exercise of the powers of issuing notice so as to ensure that there was no misuse or abuse of power. It is submitted that Section 160 Cr.P.C was also violative of Article 21 of the Constitution of India as it encroaches upon the liberty of a citizen. The facts stated in the petition are peculiar to the petitioners and not relevant in considering the question whether Section 160 Cr.P.C is unconstitutional or not. The constitutionality of Section 160 has to be considered per se. The petitioners also prayed for quashing notices dated 21st January 2010 under Section 160 Cr.P.C issued by the respondents No.4 in RC-3 (E) 2006/EOW-1/DLI registered at the instance of respondent no.3 at police station EOW.

2. Section 160 Cr.P.C reads as under: “160. Police Officer’s power to require