Judgment 1. In this writ petition, the vires and constitutionality of Sections 15,16 and 17 of the Indian Criminal Law Amendment Act, 1908 (Act) are challenged on the premise that the provision of Section 16 is ultra vires of the Constitution of India. 2. Learned counsels for the parties are present. Learned counsel for the petitioner Mr. Basant Kumar Choudhary, fairly, drew our attention to earlier decision of this Court, whereby, the constitutionality of the aforesaid provision is no longer res integra. 3. In a similar petition, being C.W.J.C. No. 5007 of 1986, the petitioners Mazdoor Kishan Sangram Samiti and another had challenged the vires of the provision of Section 16 of the Act. It was heard by a Division Bench but on account of dissent, it came to be decided by 3rd Judge, agreeing with the view of one Judge of the Division Bench and in favour of the constitutionality of the provision of Section 16 of the Act. 4. Learned counsel for the petitioner has, also, stated that Section 15 of the Act is a definitional provision, whereas, Section 17 of the Act prescribes the penalties. He, therefore, stated at the Bar that only Section 16 of the Act is essentially challenged to be ultra vires. 5. We have found that the same issue and the provision of Section 16 of the Act came to be decided and tried on the anvil of judicial scrutiny and it came to be decided that Section 16 of the Act is ultra vires of the Constitution of India. 6. It appears from the record that, Civil Appeal No. 3281 of 1995, an appeal by special leave from the judgment and order dated 15.2.1989 of the High Court of Judicature at Patna in C.W.J.C. No. 5007 of 1966, came to be filed before the Hon ble Apex Court which came to be dismissed on 29.1.1998 on the ground that no alternative arrangement for the representation had been made. 7. So far this Bench is concerned, we are bound by the decision of the Special Bench. No material is spelt out before us to take a different view than the view enunciated and reached by the Special Bench. Therefore, in our opinion, this petition is covered by the said decision of the Special Bench. 8. Consequently, this petition shall stand dismissed.