Leonard Xavier Valdaris vs Jitendra Ramnayaran Rathod 2024 INSC 344- Bombay High Court Appellate Side Rules

Bombay High Court Appellate Side Rules, 1960; Rule 8: In the same set of facts and one trial, there are two conflicting orders, one rejecting the challenge to framing of charge under Section 302 of IPC and other directing that the charge under Section 302 of IPC should not be framed- In appeal, SC observed: Once the Single Judge, while deciding Criminal Writ Petition formed an opinion that the judgment/order passed by another learned Single Judge was unsustainable and contrary to law, the matter should have been referred to a Division Bench/two-Judges Bench instead of passing a conflicting judgment in the same set of facts- Impugned order to be treated as an order referring the matter to a larger Bench of two Judges/Division Bench for consideration.

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