CRR 634 of 2019
Ct. No. 29
In the matter of:- Profulla Mondal …petitioner
Mr. Shibaji Kumar Das
…for the petitioner.
Ms. Baisali Basu.
…for the State.
This is an application challenging the issuance of a nonbailable
warrant of arrest against the present petitioner who is a witness in a trial.
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 appearing on behalf of the petitioner
submits as follows. The petitioner had lodged a First Information Report
under Section 498A and 302 of the Penal Code against his son-in-law the
opposite party no.2 for the murder of the petitioner’s daughter and grandson.
At the instance of the petitioner the investigation was transferred to the CID.
A charge sheet was thereafter submitted under Section 498A and 304B of
the Penal Code. Trial commenced and the present petitioner started
deposing as PW1. On several occasions, the petitioner was present before
the learned Court below but he could not be examined for some reason or
the other. On 6th February 2019, the petitioner could not be present before
the learned Trial Court to depose as a witness and prayed for an
adjournment relying on a copy of a medical certificate stating that the
petitioner was suffering from acute gastroenteritis. The learned Court
rejected such prayer for adjournment and issued a nonbailable warrant of
arrest against the present petitioner. Due to inadvertence, it was not
mentioned in the adjournment petition that another reason for seeking
adjournment was the death of the petitioner’s mother, which occurred on
24th January, 2019. The learned Court ought not to have faulted the
petitioner for the purported delay in conducting of the trial. The petitioner
wants to join the proceedings at the earliest.
I have heard the submissions of the learned Advocates
appearing on behalf of the petitioner as well as for the State and have
perused the revision petition.
In the interest of justice, I direct that the warrant of arrest issued
against the present petitioner shall remain stayed till 28th July, 2019. In the
meantime, the petitioner is directed to appear before the learned Court
below and join the proceedings. In case the present petitioner surrenders
before the learned Court below within the stipulated time, appropriate
orders may be passed by the learned Trial Court 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.)