REFERENCE FROM DISTRICT & SESSIONS JUDGE, SIWAN Vs. SUO-MOTU

JUDGEMENT

(1.) This reference, under Sec. 395 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Code"), has been made by learned District and Sessions Judge, Siwan, through letter No. 678, dated 16.08.2012, addressed to the Registrar General of this Court. The reference has arisen out of Cr. Revision No. 113 of 2012, pending in the Court of learned District and Sessions Judge, Siwan, in which an order of learned Judicial Magistrate, dismissing a complaint petition, under Sec. 203 of the Code, was under challenge.

(2.) Following is the question of law, which has been referred by the learned Sessions Judge, Siwan, for decision of this Court:-

(3.) Faced with the situation that views expressed in the aforesaid two decisions of this Court were conflicting, which could not be reconciled, learned Sessions Judge, Siwan, has referred the question of law, under Sec. 395 (2) of the Code, for decision by this Court on the points so referred.