JUDGMENT :

SANDEEP MEHTA, J.

1. The learned Sessions Judge, Pali has forwarded a reference to this Court under Section 395 Cr.P.C. for answering the following legal questions:

“(1) WHETHER the Magistrate is precluded to pass a sentence, in an application under section 125(3) Cr.P.C., beyond a period of one month in pursuance of Execution Warrant on a consolidated application made within one year from the date on which the amount became due?

(2) WHETHER the order passed by the Hon'ble Supreme Court in the case of Shahada Khatoon (supra) operates as binding precedent or it qualifies as a mere observation in light of the arguments advanced by the appellant in that case?

(3) WHETHER clarification of the Hon'ble Supreme Court's Order in the case of Shahada Khatoon (supra) by Full Bench of the Kerala High Court in the case of Santosh v. State and by the Hon'ble Bombay High Court in Gorakshnath's case (supra) are required to be read in light of the arguments advanced in the said case?”

2. The matter was registered as D.B. Criminal Reference No. 2/2020. This Court, vide order dated 06.01.2021, directed that a notice of the reference be published in the cause list so as to notify the members of