Ct. No. 33.
C.R.R. 3750 of 2019
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
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.
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
( Madhumati Mitra,