Constitution of India, 1950
Proviso of Article 254—Re-enactment of statute—Effect of—Question as to whether, in light of the repealment of Criminal Procedure Code, 1973 and subsequently, the re-enactment of Bharatiya Nagarik Suraksha Sanhita, 2023, the Code of Criminal Procedure (Uttar Pradesh Amendment) Act 2018 (U.P. Act No. 4 of 2019) with presidential assent, would stand repealed—Subsequent law made by the Parliament though, does not expressly repeal the State law, nevertheless, the State Law will be impliedly repealed and that shall give way to any subsequent parliament law in respect with “same matter” which adds to, amends, varies or repeals the law made by the legislature of the State, by virtue of operation of proviso of Article 254 of the Constitution of India.
[Para 48]
Criminal Procedure Code, 1973
Section 438—Anticipatory bail—Maintainability of application—Objection regarding the maintainability of the anticipatory bail application on the ground of directly approaching the High Court—Rejected.
[Paras 8 to 10]