K J JOHN ASSTT PUBLIC PROSECUTOR GRADE I PALAI UTTAR PRADESH ASSTT PUBLIC PROSECUTORS ASSOCIATION Vs. STATE OF KERALA

JUDGEMENT

(1.) AS identical questions of law are involved in both the above cases, they are disposed of by one single order.

(2.) CIVIL Appeal No. 1101 of 1981 is directed against the judgment of High Court of Kerala at Ernakulam dated 8/10/1980. The High Court has granted a certificate under Article 133(l) of the Constitution of India certifying that the case involved a substantial question of law of general importance consisting the interpretation of Sub Section (6) of Section 24 of the Code of Criminal Procedure, 1973.

(3.) THE original Section 24 has been amended by the Criminal Procedure Code (Amendment) Act of 1978 (hereinafter referred to as the Amending Act of 1978) w.e.f. 18/12/1978 and a new Section 24 has been substituted for the original Section 24. It would be necessary to reproduce Section 24 as it stood in the original Code of Criminal Procedure, 1973 as well as Section 24 which stood after the Criminal Procedure Code (Amendment) Act, 1978.