KALI CHARAN RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE record of this case has been placed before us for passing final judgment after the decision of the learned Single Judge to whom the case was referred on difference of opinion between us.

(2.) ON earlier occasion, we had taken the view that the learned Single Judge to whom case was referred has to deliver final opinion and the matter need not be placed before the Division Bench which heard the matter earlier. This view of ours was supported by the decision of the Calcutta High Court in Jugal Kishore v. C.P. Magistrate, Calcutta , in which B. Mukherjee, J. interpreting Section 429, Cr. P.C. 1898 held that the third Judge where the matter is referred is competent to deliver final judgment. Justice Mukherjee held as follows:

(3.) THE view of the Calcutta High Court was not approved by the Division Bench of Karnataka High Court in B. Subbaiah v. State of Karnataka 1992 Cr. L.J. 3740, where it was observed that after the opinion of the third Judge, the matter would be placed before the original Bench.