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Rama Ganguly vs The State Of West Bengal on 13 January, 2020

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47.
13.01.2020

F.B.

Ct. No. 33.

C.R.R. 3750 of 2019

Rama Ganguly
Vs.

The State of West Bengal

Mr. Jayanta Samanta,
Mr. Sumit Routh,
Ms. Karunamoyee Samanta
….. For the Petitioner.

Mr. Saswata Gopal Mukherjee,
Ms. Sayanti Santra
….. For the State.

The petitioner being an accused has approached before

this Court by filing an application under Section 482 read

with Section 401 of the Code of Criminal Procedure praying

for stay of the order of issuance of warrant of arrest against

her in connection with Shyampukur Police Station Case No.

114 of 2018 dated July 13, 2018.

Investigation ended in submission of charge sheet

against the present petitioner and co-accused for commission

of the alleged offences punishable under Sections

498A/406/120B of the Indian Penal Code. The learned

Magistrate vide impugned order dated 2nd December, 2019

issued warrant of arrest against the present petitioner for her
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non-appearance before the learned Court below in spite of

direction issued on her on two occasions.

Learned Counsel appearing for the petitioner submits

that the petitioner is an aged lady suffering various ailments

and she was not in a position to appear before the learned

Magistrate in compliance with the direction.

Learned Counsel appearing for the State leaves the

matter to the discretion of the Court.

Having regard to the submissions made by learned

Counsel appearing for the petitioner and the learned counsel

for the State and considering the materials placed on record,

the impugned order issued by the learned Magistrate be

stayed for a period of four weeks from date.

The petitioner is given liberty to appear before the

learned Court below within four weeks from date. If the

petitioner appears before the learned Court below and prays

for bail then the learned Court below shall consider the same

in accordance with law.

With this direction, this revisional application being

CRR 3750 of 2019 is disposed of.

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Criminal Section is directed to communicate the copy of

this order to the learned Court below immediately.

Urgent photostat certified copies of this order, if applied

for, be given to the parties upon compliance of all necessary

formalities.

( Madhumati Mitra,

J. )

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