Sital Chandra Dey vs Unknown
2021 Latest Caselaw 3223 Cal

15.06.2021

Mithun Ct.No.19.

IA No: CRAN/4/2020 In CRR/1621/2006

(Via Video Conference)

In Re: An application for Stay of the operation of and/or execution of the order dated 05.05.2006 passed by the learned Sessions Judge, Hooghly in Criminal Motion NO.67 of 2006 affirming the judgment and order dated 28.09.2004 passed by the learned Sub-Divisional Magistrate, Chandannagar, Hooghly in criminal case No.54 of 2000 and the Warrant being Process No.547 dated 05.02.2020 and the order dated 20.02.2020 passed by the learned Sub-Divisional Magistrate, Chandannagar, Hooghly in criminal case No.54 of 2000 and / or any direction restraining any effect or further effect of the same.

In the matter of: Sital Chandra Dey ...petitioner

Mr.Sujay Chakraborty, Adv.

Mr.Sunny Nandy, Adv.

...for the petitioner

Mr. Saswata Gopal Mukherjee, Ld. P.P. Mr. Arijit Ganguly, Ld.A.P.P.

...for the State

It appears that from the order dated 22 nd December, 2020

passed by a Coordinate Bench that the execution of warrant of

arrest issued against the petitioner in connection with CR Case

No.54 of 2000 by the learned Additional Chief Judicial

Magistrate, Chandannagar, Hooghly was directed to be stayed

on depositing a sum of Rs.30,000/- in the Court below by the

petitioner by 3rd January, 2021.

It is submitted by the learned Advocate for the petitioner

that the petitioner complied with the order dated 22 nd

December, 2020 and duly deposited the said money of

Rs.30,000/- on 28th December, 2020. Subsequently on two

occasions i.e. on 20th January, 2021 and 23rd March, 2021, the

interim stay was granted.

It is also submitted by the learned Advocate for the

petitioner that on depositing the said sum of Rs.30,000/- in

terms of the order dated 22nd December, 2020, the execution of

warrant ought to have been stayed till the disposal of the

instant criminal revision.

Learned Advocate for the State has concurred with the

contention made by the learned Advocate for the petitioner.

In view of above circumstances, execution of warrant

issued in connection with CR Case No.54 of 2000 by the

learned Additional Chief Judicial Magistrate, Chandannagar,

Hooghly be stayed till the disposal of the instant criminal

revision.

The petitioner is directed to act upon the server copy of

this order.

( Bibek Chaudhuri, J. )