( 1 ) THE Special Bench has been constituted on the requisition of N. C. Mukherjee, J. , who being unable to agree with a Division Bench decision on this Court in the case of Kamal Krishna De v. The State and Ors. (81 CWN 976) and in view of conflicting decisions of other High Courts on the point, referred the matter to the learned Chief Justice constituting a larger Bench relying on the principle laid down in the case of Tara Dutta v. The State and Anr. (79 CWN 996 ).

( 2 ) ON December 16, 1975 the complainant opposite party Pravash Kumar Chowdhury lodged a petition of complaint against the petitioners in the Court of the Sub-Divisional Judicial Magistrate at Basirhat alleging complainant of offences under Ss. 148, 324, 307 and 395 read with s. 120b of the Indian Penal Code. The learned Magistrate after examining the complaint and one witness by an order dated December 16, 1975 issued process against the petitioners under the aforesaid sections overruling their contention that it was necessary to examine all the witnesses in accordance with the provisions of S. 202 of the Civil Procedure Code, 1973. Against the order the Rule has b