- (1.) This is a contested application which was originally heard by a Division Bench consisting of Barooah and S. C. Mazumdar, JJ. Owing to the unfortunate death of Mazumdar, J. the Judgment could not be delivered. The matter was released by Barooah, J. on the 16th August, 1978. His Lordship state as follows:- "As S. C. Mazumdar, J. who heard this application along with me, died before the judgment could be delivered, let this matter be placed before the Learned Chief Justice for cancellation of the part heard and for assignment to an appropriate Bench. "In this connection, I may mention that the Hon'ble Mr. Justice A. N. Banerjee now sitting with me, is not inclined to take this matter on person grounds".
(2.) The above note of Barooah, J. was placed before me on August 21, 1978, when this Bench was constituted.
(3.) The petitioner Indra Nath Guha is an accused in Sessions Trial No.2(1)/1978 which is now proceeding before Shri R. Mahapatra, Additional Sessions Judge, 6th Court, Alipore. His petition is verified by an affidavit of his uncle Sachikanta Guha affirmed on the 26th July, 1978.;