(1.) Two different Benches of this Court having taken a view contrary to the one earlier taken by another Division Bench of this Court in the case of State of West Bengal vs. Soumendra Mohan Dey,2003 ILR(Cal) 410, these four matters have been assigned to us by the Hon'ble Chief Justice.
(2.) The first three cases have been referred by a Division Bench consisting of Ashim Kumar Banerjee and Tapas Kumar Giri, JJ., while the fourth matter has been referred by another Division Bench of Ashim Kumar Banerjee and Prasenjit Mandal, JJ.
(3.) The facts giving rise to filing of these references may be summed up separately: