Criminal Manual 319 — Section

Gujarat High Court Criminal Manual (subordinate court practice), 1977

Statutory text

The reference submitted to the High Court under section 395 (1) of the Code of Criminal Procedure, 1973, shall be accompanied by the record of the case, but when reference is made under sub-section (2) of section 395 of the Code, the record of the case should be sent to the High Court only when 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, Code of Criminal Procedure, 1973; and (iii) Whether the accused is in custody or on bail. More than one case should not be submitted with one letter. Each case should be accompanied by a letter and the statement referred to above.

Back to Criminal Manual