J.C.GUPTA, J. - (1.) Doubting the correctness of a Single Judge decision in the case of Moahabbat Ali v. State of U. P. reported in 1985 UP Cri R 264 : (1984 All LJ NOC 31), Hon'ble S. Harkauli, J. has referred the following question for consideration by a larger Bench : "Whether the view taken in the aforesaid case of Mohabbat Ali is correct ?"
(2.) By the order of the Hon'ble the Chief Justice, the matter has been assigned to this Bench.
(3.) Before we start our discussion on the aforesaid question, we may first put in brief facts of this case.;