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20/2/2019

ARDR
CRR 2645 of 2018

Sultan Ali @ Sultan
Vs.

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
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against the revisionist/ accused. In a situation like this, interference is felt

obligatory in the instant revisional application to sub-serve the purpose of

justice.

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

stipulated hereinabove.

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

law.

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.)