LAWS(CAL)-2010-8-64

SUDIP SEN Vs. STATE OF WEST BENGAL

Decided On August 04, 2010
SUDIP SEN Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) We have heard the learned counsel for the parties.

(2.) The said Division Bench of Madhya Pradesh High Court in Imratlal Vishwakarma & Ors. v. State of U.P. (supra) took cue from an earlier Authority, which relied on the decision of Supreme Court in Babu Singh v. State of U.P., 1978 1 SCC 579 and applied the principles laid down in the said decision.

(3.) The proposition, which has been rightly argued by Shri Sanyal so long as the Applicant has not been arrested and as discussed by the Constitution Bench, did not receive its proper appreciation in the hands of Ansari, J. for the Full Bench in Maya Rani Guin and etc. v. State of West Bengal (supra).