Calcutta High Court (Appellete Side)
1495/2014 on 9 June, 2014
Author: R. K. Bag
Bench: R. K. Bag
1 6.2014.
p.b.
C.R.R. No.1495 of 2014 Mr. Debasish Kar.
.....For the Petitioner.
Ms. Rituparna Dey.
.....For the State.
By filing this criminal revision, the petitioner has challenged this order dated 4th March, 2014 passed by the learned Additional Chief Judicial Magistrate, Bidhannagar, in G.R. Case No.2764 of 2005, by which learned Magistrate issued warrant of arrest against the petitioner.
It appears from the materials on record that charge sheet was submitted against the present petitioners and eight co-accused persons on 31st January, 2012 on the allegation of committing offence under Section 148/326/307/353/427 of the Indian Penal Code and under Section 9B of the Indian Explosive Act. It also appears from record that warrant of arrest was issued against the petitioner on 14th April, 2014.
Mr. Debasish Kar, learned counsel for the petitioner submits that summons issued to the accused persons including the petitioner was not served, but warrant of arrest was issued against the petitioner without considering the report of service of summons and as such, execution of warrant of arrest may be stayed.
2Ms. Rituparna Dey, learned counsel appearing on behalf of the State submits that execution of warrant of arrest may be stayed for a reasonable period of time to facilitate the surrender of the petitioner before the learned court below.
Having heard the learned counsels representing the respective parties and on consideration of the facts and circumstances of the present case, the execution of warrant of arrest pending against the petitioner in connection with G.R. Case No.2764 of 2005 is stayed till 24th June, 2014 on condition that the petitioner will surrender before the learned court below within the aforesaid period of time, in default the warrant of arrest will revive. If the petitioner surrenders before the court below within the aforesaid period of time, learned Magistrate will consider the application for bail of the petitioner in accordance with law.
The criminal revision is disposed of.
Let a copy of the order be sent down to the learned court below for favour of information and necessary action.
Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible.
(R. K. Bag, J.)