W.P. No. 11717(W) of 2019
KC Fatima Johra Laskar
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
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
Urgent certified website copies of this order, if applied for,
be made available to the parties upon compliance of the requisite
(Debangsu Basak, J.)