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Judgment
Sanjib Banerjee, CJ
There does not appear to be any legal issue involved in this reference.
Ordinarily, in a reference, if the validity of some provision is questioned or if there is divergence of opinion, particularly of the High Court or of a superior forum on a question of law, a reference may be made for the High Court to answer the same.
In this case what appears to have taken place is that the Additional Judge in the Additional District Council Court, Jowai who has made the reference, as the Judge in the trial court, dealt with the matter for some time. At a different stage of the proceedings, the matter has again been assigned to the same Judge.
There does not appear to be any question for the Judge feeling embarrassed in taking up the matter. Accordingly, the reference is disposed of without answering any legal question, since no legal question was raised. The Additional Judge, Additional District Council Court, Jowai will deal with Misc Case No.4 of 2017 on merits and in accordance with law and without being overly influenced or prejudiced by any previous order that may have been passed.
Crl.Ref.No.1 of 2023 is disposed of.
Let a copy of this order be sent to the appropriate District Council Court immediately.