(1.) The present reference is arising out of an order dtd. 22/8/2008 passed by the Division Bench of this Court in WP 12414(w) of 2008 (Smt. Rinku Sarkar v. The State of West Bengal and Ors.,) WP 12419(w) of 2008 (Srijit Pal v. The State of West Bengal and Ors.,) and WP 12420(w) of 2008 (Subimal Sinha v. The State of West Bengal and Ors).
(2.) The Division Bench upon noticing conflict between the views expressed in two earlier coordinate bench decisions in Tarak Chandra Roy v. State of West Bengal and Ors., reported in 2008(2) CHN 973 (in short 'Tarak') and the State of West Bengal and Ors. v. Sauvik Ghosh and Ors. reported in 2008(1) CLJ(Cal) 810 (in short 'Sauvik') formulated the following questions for consideration by the larger Bench:
(3.) Thereafter, another Division Bench in deciding FMA 2688 of 2007 with CAN 2357 of 2010 Nirmalendu Maity v The State of West Bengal upon noticing the constitution of a larger bench to answer the aforesaid questions by an order dtd. 15/3/2010 referred the following question to the said larger Bench:
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