AMARABHA SENGUPTA, J. ( 1 ) 21. 7. 1992 in this matter, Mr. Dutta appears for the petitioners. Mr. Chatterjee on behalf of the State is present. ( 2 ) MR. Chatterjee prays for time on the ground that the Investigating Officer has not come. Mr. Chaiterjee requests that the matter be fixed for hearing on Tuesday next i. e. , 28. 7. 1992. The prayer is allowed. Let this matter be fixed for hearing on Tuesday next, i. e. 28. 7. 1992. ( 3 ) MT Dutta, on behalf of the petitioners, makes certain grievance. He submits that on the basis of the recent amendment of section 438 of the Code of Criminal Procedure, his clients were sought to be arrested by the Police. Somehow, the petitioners managed to escape and hide themselves. This is a serious grievance. It is not known whether the amendment has been given effect to by Gazette Notification. Mr. Chatterjee and the learned Public Prosecutor are to enlighten this Court by tomorrow whether any Gazette Notification has been published, giving effect to the amendment of section438 of the Code of Criminal Procedure. ( 4 ) REGARDING the other aspect, namely the attempt on the part of the Police to arrest the petitioners even during the pendency of the matter, undoubtedly as per decision of this Court the police cannot arrest before the disposal of the petition under section 438 of the Code of Criminal Procedure unless, however, the amendment has been given effect to, Mr. Chatterjee, learned Advocate, in-charge of this matter on behalf of the State, is to obtain explanation from the Police Officer concerned as to under what circumstances the petitioners are sought to be arrested during the pendency of the case. That explanation be obtained by Tuesday next, i. e. 28. 7. 1992. ( 5 ) MR. N. A. Chowdhury, learned Public Prosecutor, be informed at once. ( 6 ) ON the prayer of the learned Advocates on the both sides, certified copies of this order be made over to the learned Advocates immediately. ( 7 ) CRIMINAL section is directed to take steps immediately so that the copies may be available at once treating it as extremely urgent. 28. 7. ( 6 ) ON the prayer of the learned Advocates on the both sides, certified copies of this order be made over to the learned Advocates immediately. ( 7 ) CRIMINAL section is directed to take steps immediately so that the copies may be available at once treating it as extremely urgent. 28. 7. 1992-A direction was issued by, order dated 2lst July, 1992 that explanation sought to be called for from the Police Officer concerned as to under what circumstances the petitioners were sought to be arrested during the pendency of the case. No written explanation they submitted, but Mr. Chatterjee, the learned Advocate for the State submits on instruction that the Police Officer concerned sought to arrest the petitioners before the filing of the application for anticipatory bail. As we are assured that the petitioners will not be arrested before the disposal of the application, we accept the explanation as communicated by Mr. Chatterjee. ( 8 ) IT is also mentioned that one A. I. G. Police is of the view that because the amendment has been introduced in the statute book, the petitioners can be arrested even before the disposal of the application, irrespective of whether the amendment has been given effect to or not. We have earlier pointed but that this view is not correct. ( 9 ) IN the circumstances, it is necessary that the D. C. , West Bengal and the Commissioner of Police will issue necessary instructions. The learned Public Prosecutor will cause the communication of this view of this Court to the authorities concerned. ( 10 ) UNDER the special circumstances, let plain copies of this order be made over to the learned advocates for the petitioners and the State.