SUDIP SEN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Scorched by the heat and morphed into the dust raised in the trail of the Full Bench Judgment of our Court in Maya Rani Guin and etc. v. State of West Bengal, 2002 CalCriLR 733. several ap-plications under Section 438, Cr.P.C. does not pass Muster, simply, for the reason those are second in line.

(2.) As in life, all seconds do not occupy a pristine position that of a first, so is the case of an application under Section 438, Cr.P.C. more so muffled in the gossamer white of the Full Bench decision in Maya Rani Guin and etc. v. State of West Bengal (supra). Should those applications be allowed to bite humble dust on account of such situation? Is exactly the question that falls for consid-eration in this batch of applications.

(3.) Shri Ashish Kr. Sanyal, learned senior counsel for the petitioner in C.R.M. No.5123 of 2010 as well as in C.R.M. No.4559 of 2010 and Ms. Rupna Bhattacharjee (Ray) for the petitioner in C.R.M. No.4457 of 2010 has argued their respective cases in support of the maintainability of such applications. We would reproduce their respective submis-sions in seriatim.