(1.) Heard the learned counsel for the parties.
(2.) These matters have come to be placed before this Bench of five Judges by reason of an order passed by a three-Judge Bench on 04.08.2010 pursuant to a reference made by the Division Bench of this Court while dealing with group of applications which felt that the decision of this Court rendered by the Full Bench in the case of Maya Rani Guin and etc. vs. State of West Bengal, 2003 CrLJ 1 needs reconsideration. The Full Bench after examining the issue thought it appropriate that the matter is referred to a Bench of five- Judges by passing the following order :-
(3.) 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.
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