Gujarat High Court Criminal Manual (subordinate court practice), 1977
The provisions of the reference and revision to the High Court are found in sections 395 to 405, Code of Criminal Procedure, 1973. (i) The power of reference is very limited and is confined to only cases involving the question of validity of any Act, Ordinance, Regulation or any provision contained therein. Any Judge or Magistrate can refer the matter to the High Court under section 395, Code of Criminal Procedure, 1973, only if the validity of the Act, Ordinance, Regulation or any other provision thereof is involved which is necessary for the determination of the case. The Judge or the Magistrate referring the matter to the High Court should specifically mention the reasons for his opinion as to why he considers the provisions as invalid or in-operative. (ii) The Court of Session or the Metropolitan Magistrate may also refer for the decision of the High Court any question of law arising during the hearing of the case pending before such Court or the Magistrate. The Sessions Judge or the Metropolitan Magistrate should not send the original record of the case till it is called for by the High Court. The reference shall be accompanied by a statement of the case in English giving— (i) A brief abstract of the case; (ii) The grounds upon which it is proposed that the High Court should exercise the powers conferred by section 396 of the Code of Criminal Procedure; and (iii) Whether the accused is in custody or on bail.