( 1 ) IS the Full Bench judgment of this Court in Babubhai Parshottamdas v. State 22 GLR 1232 impliedly overruled by the decision of the Supreme Court in State of U. P. v. Lakshmi Brahman AIR 1983 SC 439 ? This question was raised before our learned brother M. B. Shah J. in Kantibhai v. State 26 GLR 339. He held that the said Full Bench decision stands impliedly overruled by the decision of the Supreme Court in Lakshmi Brahmans case (supra ). N. H. Bhatt J. in Misc. Criminal Application No. 2199 of 1985 decided on 22-11-1985 did not agree with the view taken by M. B. Shah J. in Kantilals case (supra) and held otherwise. Therefore when Misc. Criminal Application No. 441 of 1986 came up for hearing before our learned brother D. C. Gheewala J. he thought it fit to refer the matter to a larger bench in view of the conflicting decisions given by M B. Shah J. and N. H. Bhatt J. For the same reason our learned brother J. P. Desai J. thought it fit to refer Misc. Criminal Application No. 1318 of 1986 to a larger Bench. That is how both these applications have been placed before us for final disposal. Another question which has been raised before us is is whether sec. 167