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State of Jammu-Kashmir - Section

Section 432 in The Code of Criminal Procedure, 1989 (1933 A. D.)

432. [ Reference to High Court. [Sections 432 and 433 inserted by Act XXVII of 1957.]

(1)Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act or Ordinance, or of any provision contained in an Act or Ordinance, the determination of which is necessary for the disposal of the case, and is of opinion that such Act or Ordinance or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court.
(2)Any Court making a reference to the High Court under sub-section (1) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon.