P.N.SINHA, AMIT TALUKDAR, DEBIPRASAD SENGUPTA
HARJEET SINGH – Appellant
Versus
STATE OF WEST BENGAL – Respondent
( 1 ) FACED with two different versions one of a Division Bench; another of a Single Bench on the impact of Section 362 of the Code of criminal Procedure (hereinafter referred to as the said Code) Batabyal, J. felt that the matter should be referred to appropriate authority for constitution of a larger Bench" to decide the question.
( 2 ) PURSUANT thereof this Full Bench has been set up by The Hon'ble the Chief Justice.
( 3 ) WE have been asked to decide as to whether the provisions of section 362 of the said Code would act as a bar in recalling an order passed by the Court when and as to whether it is found that it will offend the principles of natural justice.
( 4 ) FACTUAL matrix leading to the Reference is required to be set out for the purpose of better appreciation of the entire gamut of the matter.
( 5 ) A Revisional Application was moved before this court on behalf of one Harjeet Singh, son of Sardar Har Bhajan Singh making the State as opposite Party No. 1 and one P. G. Enterprise as Opposite Party No. 2. In the said Revisional Application, preferred under Section 401 read with Section 482 of the said Code, an impugned order of 1. 2. 1996 passed by the le
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