ORDER Our attention has been drawn by the learned counsel for the petitioner are conflicting decisions of this Court in respect of interpretation Section 167(5) of the Code of Criminal Procedure as applicable to the of West Bengal rendered in State of WB. v. Falguni Dutta1 and Durgesh Chandra Saha v. Bimal Chandra Saha2. It has been submitted by the learned counsel that in the earlier decision, the effect of the West Bengal Amendment Act has not been specifically taken into consideration but in latter judgment such amendment has been considered by this Court. Be as it may, in view of such conflicting decisions of this Court, it is Only desirable that the correct legal position should be decided by a larger Be so as to avoid any conflict feature. This matter, therefore, be placed before the Honble Chief Justice for referring to a larger Bench. Court Masters