JUDGMENT :

Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of declaration, declaring Rule 12(4), Rule 13, Rule 27(4), (5) and (11), Judicial form No.73 and Rule 93 of the Criminal Rules of Practice, 2019 as ultra vires to the Constitution.

1. By this writ petition, challenge to the constitutional validity of Rule 12(4), Rule 13, Rule 27(4), (5) and (11) and Rule 93 of the Criminal Rules of Practice, 2019 (for short, “Rules of 2019”) has been made.

2. The petitioner, appearing in person, has made a reference to Section 4 of the Oaths Act, 1969 (for short, “Act of 1969”) for challenge to Rule 12(4) of the Rules of 2019. It is submitted that Rule 12(4) of the Rules of 2019 mandates an application under Section 438 Cr.P.C. to be accompanied by a sworn affidavit of the applicant. The Rule aforesaid offends Section 4 of the Act of 1969. Thus, it is to be struck down. A reference to the judgments of the Patna High Court in the case of Ramnath Sahni v. The State of Bihar, Criminal Appeal (DB) No.303 of 2015, decided on 22.04.2015 and the Karnataka High Court in the case of J.Jaikumar, Major v. Yogesh Lemichwal, Major, reported in 1997 STPL (LE-Crim) 48