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R.F. Nariman, J.

1. These appeals have been referred to a Three Judge Bench in view of a disagreement between T.S. Thakur, J. and R. Banumathi, J., reported as Chandana Das (Malakar) v. State of West Bengal (2015) 12 SCC 140. The facts that are necessary in order to decide these appeals are set out by Thakur, J. in his judgment as follows:

34. As a result, we are of the view that the judgment of Thakur, J. is correct in law. Consequently, the judgment and order of the learned Single Judge of the Calcutta High Court is correct, and that of the Division Bench of the Calcutta High Court is set aside. The appeals are, accordingly, allowed with no order as to costs.

…………………………J. (R.F. Nariman) …………………………J. (R. Subhash Reddy) …………………………J. New Delhi (Surya Kant) September 25, 2019.