SASHI BHUSAN MAHAPATRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Judgment of the Court was delivered by : - A Division Bench has referred the present revisional applications, in which common question of law is involved, to reconsider the earlier Special Bench decision of this Court in the case of Saktisadhan Majhi & Ors. v. The State of West Bengal reported in 1994 Calcutta Criminal Law Reporter (Calcutta) - 137 in the light of Supreme Court decision in State of West Bengal v. Falguni Dutta reported in 1993 Calcutta Criminal Law Reporter (S.C.) 123. The question relates to the interpretation of Section 167(5) of the Code of Criminal Procedure as amended by the State of West Bengal (West Bengal Act XXIV of 1988), which came into force with effect from 2nd May, 1989.

(2.) The amended provision of Section 167(5) of the Amendment Act of 1988 reads as follows :

(3.) In the case of Saktisadhan Majhi (supra) two points, which fell for consideration, were as follows :