COURT ON ITS OWN MOTION Vs. STATE

JUDGEMENT

(1.) The present reference to this Court under section 395(2) of the Code of Criminal Procedure, 1973 (Cr PC) was made by the learned Metropolitan Magistrate (MM), Karkardooma Courts, Delhi by an order dated 1st March, 2017. The order making the reference is in two parts. In the first part, the learned MM inter alia has noted as under:

(2.) It may be noted that under Section 395 (2) Cr PC, the learned MM could refer a question of law to this Court as long as such question arose "in any case pending before the Court." Further such question of law should arise in "the hearing of such case". From the above extracted passage of the order of the learned MM, it is plain that the question referred to this Court did arise from the facts of the case. The reference was therefore in conformity with the requirement of Section 395 (2) Cr PC. In the facts and circumstances of the case, it was unnecessary.

(3.) Nevertheless, the learned MM proceeded to refer to this Court the following question for consideration: