1 This matter has been placed before a Full Bench to consider the correctness of two Division Bench rulings of this Court in Abraham v. Thankamma (1975 KLT 451) and Raman Pillai v. Dakshayani (1975 KLT 739). Both the decisions were by a Division Bench consisting of Khalid and Janaki Amma JJ. Khalid J. who made the order of reference in the first instance noticed the conflict of judicial opinion on the question, expressed his misgiving as to the correctness of the prior rulings and his embarrassment in the matter, and felt that the matter had to be decided by a Full Bench. It was accordingly referred by a Division Bench of two of us to a Full Bench.

2 The two Division Bench rulings referred to earlier took the view that the introduction of S.399 in the new Criminal Procedure Code alters the practice settled for this Court in Narayanan v. Kannamma Bhargavi (1968 KLT 495) (F B.). The Division Bench noticed that the Sessions Judge bad been given power to pass final and effective orders in all cases, unlike the position in the previous Code where, in certain cases, the Sessions Judges could only report the matter for final orders of the High Court. Taken along with the fact that the co