Conditions of reference u/s 395 of Code of Criminal Procedure, 1973. Justify with reasons whether a reference can be made on a point of law on which different views have been expressed by some High Courts ?

Answer 4(d) Section 395 of Code of Criminal Procedure, 1973 (Cr.P.C.) empowers a Court subordinate to the High Court to make a reference to the High Court under sub-section (1) if following conditions exist: (1) The case pending before it must involve a question as to validity of any Act, Ordinance or Regulation. A mere plea raised by a party challenging the validity of an Act is not sufficient to make a reference to the High Court unless the Court itself is satisfied that a real and substantial question as to validity of the Act is actually involved for the disposal of the case. (2) Secondly, the Court should be of the opinion that such Act, Ordinance Regulation, as the case may be, is invalid or inoperative but has not been so declared by High Court or by the Supreme Court. (3) While making a reference to the High Court, the Court shall refer to the case setting out its opinion and reasons for making a reference. The section does not permit a reference with a view to resolve a conflict of authority where different views on a certain point of law have been expressed by some High Court, the reason being that the Court desiring to make a reference is supposed to follow the law laid down by the High Court to which it is subordinate. It is necessary for the Court making a reference to give its own opinion on the law which is sought to be referred to for clarification.