Laik, Ag. C.J. :- The above case has come up before us in the following circumstances :

2. The matter was heard by R. Bhattacharya, J. and when it was taken up for delivery of judgement, Mr. Dinesh Chandra Roy, learned Advocate appearing for the petitioner, brought to his Lordship's notice that there is a decision of the Division Bench of this Court on the issues involved in the revisional application. That case is Criminal Revision Case No. 237 of 1971, filed by Brahmanand Dayal and another and disposed of on 20th February, 1974, (reported in 1974 Cri LJ 1079 (Cal), by the Division Bench constituted by N.C. Talukdar and A.N. Banerjee, JJ.

3. Thereafter the said judgement was considered by R. Bhattacharya, J. This will appear from R. Bhattacharya, J.'s order dated 27th August, 1974.

4. Thereafter R. Bhattacharya, J., delivered his judgement on September 10, 1974. It appears from the said judgement that two points were urged before his Lordship. Mr. Roy referred before R. Bhattacharya, J., the decision in the case of Mac. Culloch v. The State decided by Talukdar, J., in Criminal Revision Case No. 141 of 1973, disposed of on 19th March, 1973 (reported in 1974 Cri LJ I82). R. Bh