ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE) Date : 15-02-2019
Having heard learned counsel for the parties, it appears that the views expressed by a learned Single Judge in the case of
Upendra Rai Versus The State of Bihar & Another reported in
2017(1) BBCJ 223 and that in the case of Ram Swarth Sah and others Versus the State of Bihar & Another (Criminal Misc. No.37156 of 2017) decided on 06.09.2017, the learned Single
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Judge was of the opinion that since they project divergent views therefore, the matter deserves to be resolved as it is an issue of jurisdiction relating to the cognizance of the case being taken up at one place or the other.
From a perusal of the order dated 07thFebruary, 2019, we do not find any discussion about the facts that gave rise to the judgement in the case of Upendra Rai (supra) or Ram Swarth Sah (supra). From a perusal of the two judgments, we find that the facts are different and are distinguishable and, therefore, the ratio of the respective decisions is based on the strength of the Supreme Court judgements relied in both the cases. It is evident that the ratio of the Supreme Court judgements have to be applied on the given set of facts of a particular case. The learned Single Judge has nowhere opined about the applicability of the law as declared by the Supreme Court to be applicable on the facts of the present case so as to gather any point of difference between the two cases relied upon by the respective parties.
In our considered opinion, it is always open to the learned Single Judge to decide on the basis of the facts of the case as to whether which of the two judgements would be applicable in order to arrive at a conclusion about the issue of jurisdiction. The point of difference, therefore, not having been indicated upon
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perusal of the facts of the two cases, we do not find any need for answering the reference in view of what has been observed hereinabove. It has also not been indicated as to how the facts of the present case brings about a conflict so as to be resolved by us. It is open to the learned Single Judge to apply the law on the facts of the case as is applicable for deciding the controversy on its own merits.
The reference is accordingly returned to be placed before the learned Single Judge for proceeding in the matter in accordance with law.
(Amreshwar Pratap Sahi, CJ) (Ashutosh Kumar, J)
Sunil/-
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19.02.2019 |
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19.02.2019 |