reference can be made under Section 395(2) of the CrPC. The said
section reads as under:
"395. Reference to High Court.--(1) Where ... state that a reference should be
made by a subordinate court under sub-section (2) or
sub-section (1) of Section 395
strangely he filed
application under section 395 which is against provisions "c"
of sections 395, which itself indicates his ulterior motive to
prolong ... apposite to refer to Section 395 of the Criminal
Procedure Code, 1973 which reads thus :-
"395. Reference to High Court :-
(1) Where any Court
learned Judge at the time of making a Reference and
therefore, the Reference under Section 395 of the Code of Criminal
Procedure made ... learned Sessions Judge, Surendrangar under
Section 395 of the Code of Criminal Procedure. On fair reading of
Section 395 of the Code of Criminal Procedure
High Court, such a Court may, under Sub-section (1) of Section 395, refer, for the opinion of the High Court, such a question ... reference on the question of law, can be safely treated to be a reference within the ambit of Sub-section (2) of Section 395
The Madurai City Municipal Corporation Act, 1971
TAMILNADU
India
The Madurai City Municipal Corporation Act
validity of Section 5(2) of the said Telegraph Act and, therefore,
the application for reference to the High Court under Section 395 , CrPC
ought ... reference to
the High Court was rejected. Section 395 , CrPC reads as under:-
"395. Reference to High Court. -- (1) Where any
Court is satisfied
that section unless the question referred is necessary to be decided for the disposal of the pending case. Sub-section (2) of Section 395 ... order that a Sessions Judge may make a valid reference under Section 395(2) , Cr. P.C. it must be shown that the question
Supreme Court, the Addl. Sessions Judge made this reference acting under Section 395(1) of the Code.
3. At the hearing of the reference while ... point cannot be said to be arising from the reference under Section 395(1) made by the Addl. Sessions Judge to this Court.
7. Before
provisions of Sub-section (2) or Sub-section (4) of Section 122 .
Section 374 of the new Code is as follows:
Section 374 .- Appeals from ... passed under Section 360 , by any Magistrate may appeal to the Court of Session.
Section 395 of the new Code providing for reference to High
2020 from the District Judge,
Karur.) : Petitioner
Prayer: Criminal Reference Case is filed under Section 395 of the Code of
Criminal Procedure, based ... Children from Sexual Offences Act
and has submitted for Reference u/s 395 of the Code of Criminal Procedure.
For Petitioner : Mr.N.Mohideen Basha
