Application for Reference (Section 395 CrPC) (India) by OLL
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Application for Reference sec 395 of CrPC, 1973
BEFORE THE METROPOLITAN MAGISTRATES /
MAGISTRATES COURT AT _______
OR
HON’BLE SESSIONS COURT AT ______
C.C. No. ……….. of 20___
_______________ …..Complainant
Versus
______________ …… Accused
REFERENCE APPLICATION U/S 395 OF CRPC, 1973
MAY IT PLEASE YOUR HONOUR
I, on behalf of the Complainant / accused, submit as under –
1. (State
2. Therefore, I most humbly pray ___________
FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
DATED THIS _______DAY OF _____, 20___
Advocate
Section 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.
This template is used to file a reference application under Section 395 of the Code of Criminal Procedure (CrPC), 1973. It is designed for situations where a pending case involves a question regarding the validity of an Act or a specific point of law that requires the High Court's decision.
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About this template
What is this template?
This is a formal procedural filing for use in Indian criminal courts to stay proceedings while a High Court decides on the constitutionality or validity of a statute. It is not an appeal or a revision petition, as it is filed while the case is still pending before the subordinate court. It contains specific sections for stating the case facts and the specific prayer for reference under Section 395.
When should you use it?
Use this when a pending criminal case involves a law that has not yet been declared invalid by the High Court or Supreme Court but appears inoperative. Use a Criminal Revision Petition instead if you are challenging a final or interlocutory order rather than the validity of the law itself.
Who it's for
- a party in an Indian criminal case where the validity of an Act, Ordinance, or Regulation is being challenged
- a legal practitioner seeking a High Court ruling on a specific question of law during a pending trial
How long it runs and how it's signed
Law it's drafted under
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