M. KATJU, J. Heard learned counsel for the petitioners and learned Government Counsel.

This petition has been filed against the First Information Report dated 12.7.2002 (Annexure-1 to the writ petition) under Section 506 I.P.C. In this F.I.R. the allegation is that the petitioners are threatening to kill the first informant.

2 It is not necessary for us to quash the F.I.R. in view of the observations and directions made below.

3. Section 506 I.P.C. as mentioned in the first schedule to the Code of Criminal Procedure, 1973, is declared to be a non cognizable and bail able offence. However, It appears that by U.P. Government , ratification No. 777/VIII 9-4 (2)-87 dated July 31, 1989 published in the U.P Gazette, Extra, Part-4, Section (kha) dated 2nd August, 1989 it v. as declared to be a cognizable and nonmalleable offence. This notification states as follows:

"In exercise of the powers conferred by Section 10 of the Criminal Law Amendment Act, 1932 (Act No. XXIII of 1932) read with Section 21 of the General Clauses Act, 1897 (Act No. 10 of 1897) and in super session of the notifications issued in this behalf, the Governor is pleased to declare that any offence punishable under