High CourtsDivision Bench(2023) 07 MEG CK 0034

Jurmon Phawa vs Tipbiang Shylla

Meghalaya High Court · Decided on 24 July 2023

HON’BLE JUDGES
Sanjib Banerjee, CJ · W. Diengdoh, J
CASE NUMBER
Criminal Reference. No. 1 Of 2023

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Judgment

6 paragraphs · 191 words
1.

This is a reference by an Additional Judge of the District Council Court, Jowai. Though there does not appear to be any serious legal issue involved, the avowed purpose of the reference appears from the following sentence towards the end of the order of the reference:

“I hereby refer the matter of this instant case to the Hon’ble high Court of Meghalaya for an appropriate order to clear my doubts.”

2.

A reference is scarcely made to clear the doubts of any person, be it the presiding officer of a regular court or of a District Council Court. References are made primarily when there are divergent views on the same question of law.

3.

In any event, now that a reference has been made it has to be answered. Since only the respondent is represented and the appellant is probably not aware of the matter, let a notice be issued to the appellant with the intimation that the matter will appear a fortnight hence.

4.

Advocate for the respondent is also requested to forward a copy of this order to Advocate for the appellant.

5.

List on August 9, 2023.