S.K. Phaujdar , J.C. Mishra, JJ. - (1.) HEARD learned counsel for the petitioner and learned A.G.A. The prayer of the petitioner on the question of constitutional validity of the deletion of Section 438 from Criminal Procedure Code in the State of U.P. may not be entertained in view of the judgment of the Supreme Court in the case of Kartar Singh as reported in : 1994 SCC (Criminal) 899. The petitioner had earlier moved an application under Section 482 Cr.P.C. in respect to this particular case and some direction were given in respect of arrest, bail and connected matter. We may not be going to those questions again.
(2.) THE petitioner further prayed for transfer of investigation to the C.B. (C.I.D.), it appears that a prayer has already been made to the Home Secretary as also to the local Superintendent of Police. The petition stands disposed of with a direction that the copies of those petitions be sent again to those authorities along with the copy of the instant order and the authorities shall take a decision upon such prayers according to law as early as possible preferably within a month on production of such copy before the authority.;