Ajit Kumar Sengupta, J. - (1.) These two Criminal Revision Cases have been heard together, since common question of law is involved in both the cases. This judgment will dispose of both the cases.
(2.) Originally these two Criminal Revision cases were placed for hearing before a learned Single Judge of this Court, but the learned Judge was of the opinion that sitting singly it will not be possible for him to pass any order in case the applications succeed. The learned Judge directed that both the cases be placed before a Division Bench. Both in Criminal Revision Case No. 1403 of 1987 and Criminal Revision Case No. 1462 of 1987 the order was passed on 2nd July, 1990. Thereafter both the cases were assigned to this Bench for disposal.
(3.) Before we proceed to start the common question of law involved in both the cases, we would prefer, to narrate the factual background of each of the cases.;