CRR 2645 of 2018
Sultan Ali @ Sultan
The State of West Bengal
Mr. A. Sengupta,
Mr. Sagar Saha
…for the petitioner
The impugned order dated 11/12/2017 passed by the learned ACJM,
Chanchal, Malda issuing warrant of arrest against the revisionist is the
subject of challenge in this revisional application under Section 482 read
with Section 483 of the Code of Criminal Procedure.
In the instant case, charge sheet has already been submitted against
the accused persons including the revisionist on 25/8/2015 under
Sections 498A/306 of the Indian Penal Code. The trial, thereafter, could
not be proceeded further effectively for the absence of the accused persons
including revisionist/accused. On 11/12/2017 the court, in order to
secure presence of the revisionist/accused, issued a notice asking the
surety to produce the accused on 18th January, 2018.
It is submitted by the learned advocate for the revisionist that
previously this accused person was on bail. The date fixing for appearance
could not be communicated to revisionist/accused well in advance, as a
result of which the warrant of arrest was issued against him. Surprisingly,
the learned lower court proceeded to fix date for execution report of
warrant of arrest, presumably a warrant of arrest had already been issued
against the revisionist/ accused. In a situation like this, interference is felt
obligatory in the instant revisional application to sub-serve the purpose of
The revisional application can thus, be effectively disposed of by
passing the following direction.
The impugned order dated 11/12/2017 and subsequent order dated
18/1/2018 fixing the date for execution report of warrant of arrest be
stayed for a period of fortnight hence subject to the condition the
revisionist/accused shall surrender before the trial court within time
In the event, if any application for bail is submitted, upon
surrendering before the trial court, the same shall be disposed of by the
trial court in accordance with the law strictly adhering to the provisions of
With this observation, the revisional application stands 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.)