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1988 Supreme(All) 105

K.C.AGRAWAL, B.L.YADAV
BHARAT TRADERS – Appellant
Versus
SPL. CHIEF JUDICIAL MAGISTRATE, ALLAHABAD – Respondent


Advocates Appeared:
SUDHIR CHANDRA AGARWAL

K. C. AGARWAL, J.

( 1 ) THIS petition under Art. 226 of the Constitution has been filed by Bharat Traders, a partnership firm, having its head office at Kanpur and 4 others for quashing of the notification No. 84 Bha Sa (2)/vii A. N. 225-79 dated Lucknow, Sept. 16, 1982, issued in exercise of powers under provisio to sub-sec. (1) of S. 11 of the Cr. P. C, 1973. The notification is as under :-"in exercise of the powers under proviso to sub-sec. (1) of S. 11 of the Cr. P. C, 1973 (Act II of 1974), the Governor, after consultation with the High Court of Judicature at Allahabad, is pleased to establish with effect from the date of publication of this Notification in the Gazette, a Special Court of Judicial Magistrate of the first class for all districts of Uttar Pradesh with its place of sitting at Allahabad, to try cases arising under the enactments specified in the Schedule below in any local area within the State of Uttar Pradesh. "

( 2 ) THE Schedule below the notification mentions 12 Acts to be covered by it. The petitioner have challenged the validity of the notification on the ground that:- (i) one single court cannot be established for the entire State as entire State is not a l




























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