You may take help of the order of the Hon’ble High Court of Kolkata as given in the case no. W.P. No. 388 (W) of 2013 in
the matter of Keya Maity @ Guchait Vs. State of West Bengal & Ors. (In Re : W.P.No.1106(W) of 2008) for better understanding of your problem. I think this order can help you to some extent.