THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.NO.18217 of 2001 10-03-2010 BETWEEN; Qamar Sultana wife of Mohammed Akbar ...Petitioner vs. Union of India, rep. by its Principal Secretay, Ministry of Home Affairs and two others ...Respondents THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE NOUSHAD ALI W.P.NO.18217 of 2001 ORAL ORDER: (Per GR,J) Heard Sri I.Mallikarjuna Sharma, the learned counsel for the petitione and the learned Advocate General for the respondents. The validity of the Criminal Law Amendment Act, 1932 is assailed i this writ petition while consequently seeking quashing of Cr.No.82 of 200 dated 30-07-2001 of P.S. Bhavani Nagar, wherein the petitioner i accused of offences under Section 506 of IPC and Section 7 of th Criminal Law Amendment Act, 1932. The petitioner challenges the provisions of the Act on severa grounds:- (a) That it is an obsolescent piece of repressive law and intended (a apparent from the statement of objects and reasons) to suppress the Civ Disobedience Movement; that this Act is anachronistic with a democrati constitutional order; (b) That the Act which had a sunset clause bringing its operation to close by 1935 was extended by a certificate of the Governor General bu not by legislative approbation, and hence is not an existing law as on th date of the Constitution of India; (C) That the Act was initially inapplicable to the Part-B States includin the Telangana area but was extended to the entire State by the Crimina Law Amendment (Andhra Pradesh Extension and Amendment) Act,197 after obtaining the assent of the President as required under Article 254 o the Constitution; and (d) That notwithstanding the Presidential assent, the Act is inoperabl proprio vigore since it is inconsistent with the provisions of Articles 14,19 21 and 51-A of the Constitution. At the hearing of the writ petition today, the learned Advocate Genera has placed before this Court a letter dated 17.08.2009 addressed by th 3rd respondent which reads as under:- “With reference to your letter cited above, I am to state that in th Cr.No.82/2001 U/s.506 IPC and 7(1)(a) of Criminal Amendmen Act,1932 on the file of the Bhavaninagar Police Station, Charge Shee has been filed in the year 2003 U/s.506 IPC and 7(1)(a) of Crimina Amendment Act,1932 before the Hon’ble VIII Metropolitan Magistrate Hyderabad. It is submitted that on 15.5.2007 the Hon’ble VIII Metropolita Magistrate, Hyderabad has returned the Charge Sheet stating that “thi Charge Sheet is barred by limitation, hence this Charge Sheet may b returned:” As the prosecution in Cr.No.82 of 2001 of Bhavani Nagar P.S. i closed, on application of the bar of limitation, the substantive factua grievance of the petitioner, which is the substratum for the challenge to th vires of the Act, no longer survives. It is trite law and axiomatic too tha legal positions and in particular constitutional principles are no adjudicated in vacuum or as an academic exercise. Accordingly, we are not inclined to adjudicate upon the challenge t the vires of the Criminal Law Amendment Act,1932 as presented in thi writ petition. If the petitioner has any independent cause of action agains any member of the Executive for prosecution of her rights, including claim for compensation or damages, the petitioner is at liberty to pursu the same in accordance with law before the appropriate forum. Sri I.Mallikarjuna Sharma, the learned counsel for the petitioner woul strenuously contend that as the Act is factually operative thoug constitutional suspect and has the potential of bringing under its domai other persons, there is a public importance in the adjudication of this wr petition. Insofar as the petitioner is concerned, Sri I.Mallikarjuna Sharm would contend that since she has suffered some injury on account of th FIR though she was not arrested, including expenses incurred for lega defence, the validity of the Act must be considered. This contention do no commend acceptance by this Court. Accordingly the writ petition is dismissed. No order as to costs. _______________ GODA RAGHURAM,J ________________ NOUSHAD ALI,J 10th MARCH 2010. TSNR