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In Re A Ref. U/S 395 Cr.P.C. By District And Sessions Judge, Pali Appellant

V/S

In Re A Ref. U/S 395 Cr.P.C. By District And Sessions Judge, Pali Respondents

Referred Judgements :-

UNION OF INDIA AND ORS. VS. RAGHUBIR SINGH (DEAD) BY LRS AND ORS [REFERRED TO]
KULDIP KAUR VS. SURINDER SINGH [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. SUN ENGINEERING WORKS PRIVATE LIMITED [REFERRED TO]
SHAHADA KHATOON VS. AMJAD ALI [REFERRED TO]
DIVISIONAL CONTROLLER KSRTC VS. MAHADEVA SHETTY [REFERRED TO]
SHANTHA ALIAS USHADEVI VS. B G SHIVANANJAPPA [REFERRED TO]
STATE OF UTTARANCHAL VS. SANDEEP KUMAR SINGH [REFERRED TO]
SUO MOTU VS. STATE OF GUJARAT [REFERRED TO]
GORAKSHNATH KHANDU BAGAL VS. STATE OF MAHARASHTRA [REFERRED TO]
BADSHAH VS. SAU. URMILA BADSHAH GODSE [REFERRED TO]
STATE OF GUJARAT & ORS VS. UTILITY USERS WELFARE ASSOCIATION & ORS [REFERRED TO]
SHAH FAESAL VS. UNION OF INDIA [REFERRED TO]

JUDGEMENT

(1.) The learned Sessions Judge, Pali has forwarded a reference to this Court under Sec. 395 Cr.P.C. for answering the following legal questions:

(2.) The matter was registered as D.B. Criminal Reference No.2/2020. This Court, vide order dtd. 6/1/2021, directed that a notice of the reference be published in the cause list so as to notify the members of the Bar interested to advance submissions on the questions referred to this Court.

(3.) As the crux of the controversy revolves around the Supreme Court Judgment in the case of Shahada Khatoon and Ors. vs. Amjad Ali and Ors. reported in 1999 Crl.L.J. 5060, it would be fruitful to reproduce the said Judgment for the sake of ready reference:

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IN RE A REF. U/S 395 CR.P.C. BY DISTRICT AND SESSIONS JUDGE, PALI Vs. IN RE A REF. U/S 395 CR.P.C. BY DISTRICT AND SESSIONS JUDGE, PALI

Referred Judgements :-

JUDGEMENT

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