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Abhijit Mondal & Ors vs Unknown on 6 March, 2019



CRR 3531 of 2018
Ct. No. 29
In the matter of:- Abhijit Mondal Ors. …petitioners

Mr. Mahim Sasmal.

…for the petitioners.

Ms. Baisali Basu.

…for the State.

The learned Advocate appearing on behalf of the petitioners

submits that although this is an application for quashing of a proceeding in

which a charge sheet has been submitted under Sections 498A and 304B

read with Section 34 of the Penal Code, the petitioners would not like to

press for the same and would instead pray for a stay of warrant of arrest

issued against them so that they can appear before the learned Court

below and pray for bail.

Let a copy of this application be served upon Ms. Baisali Basu, learned

Advocate who is present in Court today and who ordinarily appears on behalf of the State.

Her engagement may be regularised by the competent authority of the State in due course.

The learned Advocate for the petitioners submits that for a single day’s

absence before the learned Court below a warrant of arrest was issued. The learned

Advocate submits that they would like to join the proceedings at the earliest.

I have heard the submissions of the learned Advocates appearing on behalf of

the petitioners as well as for the State and have perused the revision petition.

The prayer for quashing made on behalf of the petitioners is

dismissed as not pressed. However, this order shall not come in the way of

the petitioners in taking up the points raised in this petition before the

learned Trial Court at the time of framing of charge.

In the interest of justice, the warrant of arrest issued against the

petitioners shall remain stayed for a period of six weeks from this date. The

petitioners are directed to surrender before the learned Court below within

such time and in the event the petitioners surrender before the learned

Court below within such time and pray for bail, the application for bail shall

be considered in accordance with law.

The revisional application is disposed of.

Urgent photostat certified copy of this order may be supplied to

the parties expeditiously, if applied for.

(Jay Sengupta, J.)

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