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2008 DIGILAW 278 (PAT)

Ramesh Yadav v. Rajeshwari Prasad Singh,State Of Bihar

2008-02-08

BARIN GHOSH, RAJESH BALIA

body2008
Judgment 1. This reference has been made by the learned Single Judge vide order dated 15.5.2007 in Criminal Misc. No. 402 of 2007. 2. We find from the record that Cr. Misc. No. 402 of 2007 was a bail application which has been decided by the order dated 15.5.2007. The order dated 15.5.2007 reflects that considering various aspects of the anomalies having been found in reading of the Code of Criminal Procedure the learned Single Judge has referred some issues before the Division Bench for seeking a suitable direction in the public interest as also in the interest of justice so that a final direction is given to the police headquarters and other concerned authorities. 3. We are afraid, that no advisory jurisdiction vests either in the learned Single Judge to issue directions to police authorities in general de hors any pending case before him nor to refer the case to the Division Bench for the purpose of advising the concerned police headquarters about the Code of Criminal Procedure. 4. The reference need not be answered and be consigned to record.