Calcutta High Court (Appellete Side)
7873/2010 on 3 February, 2011
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1
CRM 7873 of 2010
435 03.02.2011CRM 7873 of 2010 akd Re: An appln. for appro. order (CRAN 3312/10) Mr. Rajdeep Mazumder.
... For the Petitioners.
Mr. Debabarata Roy.
... For the State.
Heard the learned counsel appearing on behalf of the petitioners as well as the learned counsel appearing for the State.
We have gone through the order dated 31st August, 2010 passed by the Additional Chief Judicial Magistrate, Basirhat, Dist. 24-Parganas (North).
We are informed that the record is not available.
It will be proper for the petitioners to approach the Additional Chief Judicial Magistrate, Basirhat, Dist. 24- Parganas (North) with a request to trace out the original records.
On such application being made, the Additional Chief Judicial Magistrate would pass a speaking order in respect of the whereabouts of the original records.
We make it clear that in such a contingency, if the accused persons surrender pursuant to the directions passed by the superior court, it is the duty of the lower court to record their surrender and pass appropriate order by making note of it, rather than observing that he is not in a position to accept 2 CRM 7873 of 2010 surrender of the accused persons and also cannot consider their case for granting bail. Learned Additional Chief Judicial Magistrate could have very well issued notice to the learned Public Prosecutor in the matter and taken steps in accordance with law.
With the above observation, the application for relaxation of bail being CRAN 3312 of 2010 is disposed of.
Office is directed to communicate of this order to the Additional Chief Judicial Magistrate, Basirhat, 24-Parganas (North).
Let a photostat plain copy of this order duly countersigned by the Assistant Registrar (Court) be given to the learned counsel for the parties on usual undertaking.
( J. N. PATEL, CHIEF JUSTICE) ( ASHIM KUMAR ROY, J ) 3 CRM 7873 of 2010