Mahesh And Others vs State Of U.P. And Others on 22 April, 2020
66. It is not disputed before us that Rule 4 of Rules, 1963 is mandatory and its compliance is also mandatory. Learned counsel for petitioners further contended that fact of this case are similar as were involved in Division Bench judgment of this Court in Pooran and others vs State of U.P. (supra). But, we find that there is a distinction between said judgment and facts of present case. The proposition of law with respect to applicability of Part VII is clear as we have already discussed in detail but 'when it will be applicable' and "whether facts of present case would attract the same or not", is the moot question.