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51
11.07.2019
W.P. No. 11717(W) of 2019
KC Fatima Johra Laskar
Vs.
The State of West Bengal Ors.

Mr. L. N. Bhattachrya
… for the petitioner.

Mr. Subhabrata Dutta
Mr. Debasish Sarkar.
… for the State

Report as called for by the order dated July 4, 2019 filed in

Court be taken on record.

Learned advocate for the petitioner submits that, there are

two warrants of arrest against the accused. One was in respect of

proceedings under Section 498A of the Indian Penal Code and the other in

respect of a maintenance execution case under Section 125 of the Code of

Criminal Procedure. He submits that, the passport was seized by the police

and that the private respondent applied before the Magistrate for return

of such passport. The private respondent surrendered in such 498A

proceedings and obtained bail.

It appears that, the warrant in respect of the proceedings

under Section 125 of the Code of Criminal Procedure is yet to be executed.

The Court is informed that, the private respondent has approached before

the learned Court for the purpose of release of the passport.

In the facts of the present case, therefore, it would be

prudent to request the prosecution in the 498A proceedings to bring to
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the notice of the Court in seisin of the proceedings the fact that, the

warrant of arrest under Section 125 of the Code of Criminal Procedure

remains unexecuted as against the person applying for release of the

passport. The prosecution will highlight the fact that, in the event the

passport is released, the private respondent is likely to flee the country

with the warrant of arrest remaining unexecuted. It will be open to the

petitioner to assist the police authorities in locating the accused and

executing the warrant of arrest.

List the writ petition in the Monthly List of August, 2019 for

further consideration.

Urgent certified website copies of this order, if applied for,

be made available to the parties upon compliance of the requisite

formalities.

(Debangsu Basak, J.)