(1.) Learned Single Judge vide order dated 20.8.2009 has referred the following questions of law, to a Larger Bench of this Court, in view of the doubts expressed qua the legal position as stated by another learned Single Judge in his judgment dated 30.1.2009, passed in the case of Roop Chandra v. State of U.P. and Ors. Writ Petition No. 52720 of 2007.
(2.) Under order of the Hon'ble The Chief Justice dated 4.9.2009 this Bench has been constituted for answering the reference so made.
(3.) Before adverting to the legal issues involved, it would be worthwhile to refer to the facts, giving rise to the proceedings, in short.