MAHRAJI Vs. STATE OF U P

JUDGEMENT

(1.) The IX Additional Sessions Judge, Allahabad has referred the following questions of law, which arose in criminal revision No. 73 of 1984 Smt. Maharaji v. State of UP. and another pending before him, under section 395(2) Cr. P.C. for decision by this Court: 1. Whether the definition of National Highways contained in Section 4 of the National High Ways Act 1956 can be borrowed and allowed to over ride the definition of road contained in Sub-Section vi of section 2 of U.P. Roadside Land Control Act 1945 as amended by U.P. Act No. 6 of 1965 (Amendment coming in force retrospectively from April 15. 1957 i.e. the date of coming into force of the National High Ways Act 1956) especially in view of the specific mention in Section 4 of National Highways Act 1956 for the purposes of this Act High ways included.

(2.) Whether, the definition of road contained in Sub-clause vi of section 2 of U.P. Road side Land Control Act only refers to the metalled portion of the roads of all the roads including the National Highways or in case of national high ways it includes all the lands appurtenant as mentioned in section 4 of National Highways Act.

(3.) Whether the proviso to sub-clause