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Calcutta High Court (Appellete Side)

Satya Ranjan Das & Ors vs The State Of West Bengal & Anr on 20 December, 2013

Author: Ashim Kumar Roy

Bench: Ashim Kumar Roy

                                                                     1

         Form No.J (1)
               In the High Court at Calcutta
        ( Criminal Appellate/ Revisional Jurisdiction )
                  Appellate Side

         Present:
        The Hon'ble Justice Ashim Kumar Roy

               CRR No. 4101 of 2013

                  Satya Ranjan Das & Ors.
                         -Vs-
               The State of West Bengal & Anr.


         For the petitioners: Mr. Saibal Mondal.

For the State : Md. Anwar Hossain.


Heard on : 18.12.2013.


Judgment on:


      Ashim Kumar Roy, J. :

At the very outset of his submission, the learned Advocate for the petitioners submits that although in this criminal revision he sought for two-fold reliefs - firstly, for quashing of the proceedings and then the stay for warrant of arrest but now on instructions, he is not pressing for quashing of the proceedings and his challenge be restricted only against the order issuing warrant of arrest.

Heard Mr. Saibal Mondal, learned Advocate appearing on behalf of the petitioners as well as Md. Anwar Hossain,learned Advocate appearing on behalf of the State. Perused the impugned order as well as the other materials on record.

The subject matter of challenge in this criminal revision is an order passed by the learned Additional Chief Judicial Magistrate, Haldia in connection with G.R. Case No.25 of 2010 arising out of Durgachak Police Station Case No.2/2010 dated 11.1.2010 issuing warrant of arrest against the petitioners. 2 Having heard the learned Advocates appearing on behalf of the parties and considering the materials on record, I dispose of this application directing that the impugned order of warrant of arrest shall remain stayed for a period of four weeks from this date and in the meantime, if the petitioners surrender in the court below and pray for bail, the learned court below shall consider their prayer for bail in accordance with law and without being influenced by this order.

Needless to mention that in the event, the petitioners fail to take steps in terms of the order as aforesaid, the order of warrant of arrest shall stand revived and restored and the learned court below shall have the liberty to proceed against the petitioners for execution of warrant of arrest in accordance with law.

Office is directed to communicate this order to the court below at once. Urgent Photostat certified copy of this order, if applied for, be given to the parties at an early date.

( Ashim Kumar Roy, J. )