( 1 ) IN C. R. R. No. 478 of 2002 with C. R. R. No. 188 of 2003 on 24. 6. 2004 could not agree with the ratio of the decision in Sk. Ismail Ali vs. State of W. B, 2001 Cr. LJ 3831, His Lordship after formulating the following point -"whether an order and warrant under section 267 of the new Code in form No. 36 of Second Schedule thereof can be issued by a Criminal court on the request of the police investigating agency in course of investigation". referred the matter before His Lordship The Hon'ble The Acting Chief justice.

( 2 ) IT is pursuant to an order of assignment, made by The Hon'ble The acting Chief Justice, the matter has been placed in our Roster for answering the REFERENCE.

( 3 ) WE have had the assistance at the Bar of Shri Hazra, learned senior advocate and Shri Bagchi per contra to the REFERENCE; while learned public Prosecutor in support of the same. Elaborate submissions have been made at the Bar by the respective Counsels. We set out the same according to their serial.

( 4 ) SHRI Hazra learned senior Advocate appearing with Shri Abhijeet Auddy has submitted that the words "the other proceeding" in section 267 of the code of Crimina