Hon’ble Sudhir Agarwal, J.—This matter raises an important question of law as also application of interpretation of certain provisions of Constitution of India with regard to Provincial Legislation and the legislation made by Parliament relating to procedure to be followed by the Courts dealing with criminal cases.

2. The petitioner has sought a mandamus commanding respondent Nos. 1 to issue notification restoring back Section 438 Code of Criminal Procedure (hereinafter referred to as “Cr.P.C.”) in the State of U.P. in view of legislation made by Provincial legislature i.e. Criminal Procedure (U.P. Amendment) Bill, 2010 (hereinafter referred to as “Amendment Bill 2010”). It has also sought a mandamus directing respondent No. 2 i.e. Secretary to Government of India, Ministry of Home Affairs and respondent No. 3, Secretary to President of India requesting the President to immediately accord assent to the “Amendment Bill, 2010”.

3. The matter came up before this Court on 22.12.2011 when Sri Ashok Pandey, Advocate appeared on behalf of petitioner, learned A.G.A. for respondent No. 1 but none put in appearance on behalf of respondent Nos. 2 and 3 though the cause list shown Addi