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22/2/2019

ARDR
CRR 2807 of 2018

Keyamuddin Mallick ors.

Vs.

The State of West Bengal anr.

Mr. Apurba Kumar Datta,
…for the petitioners.

The impugned order dated 27/11/2017 fixing the date for execution of

warrant of arrest against the revisionists/accused persons in connection

with G.R. case no. 123 of 2016 pending before the learned ACJM-II, Haldia

under Sections 498A/323/307 of the Indian Penal Code read with Section

3/ 4 of the Dowry Prohibition Act is the subject of challenge in this case.

Learned advocate for the revisionists submits that previously the

revisionists were on court bail, which could not be taken care of while

issuing warrant of arrest by the learned court below even after submission

of charge sheet in this case.

Petitioner is directed to serve a copy of this revisional application

forthwith to Mr. Binoy Panda, who undertakes the task of putting defence

in the interest of State of West Bengal. Learned Public Prosecutor may be

requested accordingly to regularise his appointment by necessary

administrative direction, if there be any.

Admittedly, charge sheet in this case was submitted on 17th April,

2017 making out a case under Section 498A/323/307 of the Indian Penal

Code read with Section 3/ 4 of the Dowry Prohibition Act. The

accused/husband was favoured with an anticipatory bail and subsequently
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he surrendered before the court and obtained regular bail. The revisional

application is for co-accused persons, other than the accused/husband.

According to the learned advocate for the revisionists the learned court

below erroneously and mechanically issued warrant of arrest making

contravention of the settled position of law.

Learned advocate Mr. Panda representing the State submits that the

trial of this case could not be proceeded due to absence of the accused,

which must be taken care of before passing necessary order in connection

with this case. It is evident from the certified copy of the lower court records

that previously the revisionists were on bail vide order dated 17/4/2017.

Though, in the order dated 27/11/2017 of the learned court below, the date

has been fixed on 17th April, 2018 for execution of warrant of arrest, for

which the reminder has been issued accordingly to police for execution of

warrant of arrest, but in so many words the name of the accused persons

could not be mentioned in the order who are evading arrest at the moment.

However, when the learned court below proceeded to fix the date for

execution of warrant of arrest against the co-accused persons, other than

husband, presumably warrant of arrest is pending against rest of the

accused persons, who are none but co-accused.

In a situation like this, it is felt obligatory to make interference in the

interest of subserving the purpose of justice. The court is of the opinion that

the revisional application may be disposed of by passing following direction.
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The impugned order issuing warrant of arrest passed by the learned

ACJM-II, Haldia in connection with G.R. case no. 123 of 2016 be stayed for

a period of fortnight subject to the condition that the revisionists/accused

persons shall surrender before the court below within a period stipulated

herienabove. In the event, if any bail application is filed with a prayer for

bail upon surrendering before the learned court below, the same shall be

disposed of in accordance with the law giving sufficient opportunity to the

prosecution.

With this observations and directions, the revisional application is

disposed of. No order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to

the parties, upon compliance of necessary formalities.

(Subhasis Dasgupta, J.)