STATE OF WEST BENGAL Vs. SHAKTI SADHAN MAJHI

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for the parties.

(3.) The judgment and order of the High court will have to be upset since it proceeds on a reasoning which militates against the law propounded by this Court in State of west Bengal v. Falguni Dutta, Thus, in order to put the proceedings in question in line with the Falguni Dutta's case, we upset the impugned order of the High court and remand the matter to it, requesting it to apply the ratio of the aforementioned case and cause regulation of proceedings in the trial Court in accord therewith as also in accordance with law. The appeals stand allowed in these terms.