Jammu and Kashmir Court January 1968 Judgments

Abdul Rashid Shalla Vs. Jagdish Lal and ors.

Court: Jammu and Kashmir

Reported in: 1969CriLJ610

ORDERJaswant Singh, J.1. This reference made by the-City Munsiff, Magistrate 1st Class, Srinagar, which seeks directions from this Court regarding delivery and custody of Bus No. JKA 3845 appears to me to be totally misconceived and incompetent. Under the provisions of Section 438 of the Code of Criminal Procedure, it is only a Sessions Judge or a District Magistrate who can after examination under Section 435 of the Code of Criminal Procedure, of the record of any proceeding or otherwise make a reference to the High Court.The High Court is not an advisory body and it is not open to any Magistrate to refer any question of fact for the opinion, of the High Court. The only provision entitling a trial Magistrate to make a reference is the one contained in Section 432 of the Code of Criminal Procedure which was added by the State Legislature vide Act No. 27 of 1957. The said section reads as under:(1) Where any court is satisfied that a case pending before it involves a question as to the ...