(1.) THIS reference has been made by Hon. R. N. Ray, J. for decision as to whether earlier single Bench decision in Mahavir and another v. State of U. P., 1981 ACC 630, is a good law. in view of the provisions of Section 399 (1) (2) and of Section 401 (2), Cr. P.C.
(2.) THE aforesaid reference has been made in the backdrop of facts given below : s
(3.) WE have heard Sri S. N. Verma, learned counsel for the petitioners, learned counsel for the opposite and Sri V. S. Mishra, learned Additional Government Advocate.