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Sourav Roy (-)     05 May 2016

Can crpc 482 single bench order be challenged in division be

I have filed 482 crpc in High court to quash the maintenence order passed by lower court...But I did not get any relief as i am B.Tech means I have capability to earn Rs.30000 hence Rs.5000 is ok as opined by high court also ignoring my present salary of Rs.6300, my 498A acquittal order( means she did not come court with clean hands), She is highly qualified (M.A) and able bodied person as well as she had school teacher in past more than 2 and half year....All the evidences very surprisingly ignoring by High court....Now my question is it is a single bench order in 482 crpc......Can I go to division bench for this maintenance order rejected by High court single bench...



Learning

 1 Replies

Siddharth Dev (Advocate)     25 May 2016

NO,

only now your relief left is SLP (Cri.) Reason as follows u/s 395 Cr.p.c.

395. Reference to High Court.

(1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court. Explanation.- In this section," Regulation" means any Regulation as defined in the General Clauses Act, 1897 (10 of 1897 ), or in the General Clauses Act of a State.
(2) A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or him to which the provisions of sub- section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.
(3) Any Court making a reference to the High Court under sub- section (1) or sub- section (2) may, pending the decision of the High Court thereon, either commit the accused, to jail or release him on bail to appear when called upon.

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