KANISHKA TRADERS Vs. ADDL. SESSIONS JUDGE, COURT NO.1 LUCKNOW

JUDGEMENT

(1.) A learned Single Judge has referred the following questions of law by order dated 23 August, 2006 for resolution by the Full Bench:

(2.) Mr. I.B. Singh, learned Senior Advocate appearing as Amicus Curiae, at the outset, invited our attention to the reference order and submitted that in the facts of the present case, such a reference was not necessary. He submitted that the order dated 28.11.2003, which has been referred to in the reference order, does not issue any direction as such nor the order dated 13.7.2006 has been passed on the basis thereof. He further submitted that the order dated 28.11.2003 would not come in the way in proceeding with the trial, as per the procedure laid down under the provisions of the Code of Criminal Procedure, 1973 (in short 'Code'). It was also pointed out that the trial in the present case got over long back and the accused persons have been discharged. Revision against the discharge order has also been dismissed, against which a writ petition is now pending.

(3.) We have carefully perused the order dated 23.8.2006. It would be relevant to reproduce the relevant portion of the order, which reads thus: