Our attention has been drawn by the learned counsel for the petitioner that there are conflicting decisions of this Court in respect of interpretation of Section 167(5) of the Code of Criminal Procedure as applicable to the State of West Bengal rendered in State of W.B v. Falguni Dutta (1993) 3 SCC 288 and Durgesh Chandra Saha v. Bimal Chandra Saha (1996) 1 SCC 341. It has been submitted by the learned counsel that in the earlier decision, the effect of the West Bengal Amendment Act has not been specifically taken into consideration but in the latter judgment such amendment has been considered by this Court. Be that as it may, in view of such conflicting decisions of this Court, it is only desirable that the correct legal position should be decided by a larger Bench so as to avoid any conflict feature. This matter, therefore, be placed before the Hon'ble Chief Justice for referring to a larger Bench.
Court Masters