Md. Aslam & Ors vs The State Of West Bengal
2021 Latest Caselaw 5670 Cal

15.11.2021                IN THE HIGH COURT AT CALCUTTA
Item No.30                CRIMINAL REVISIONAL JURISDICTION
Ct.No.34
   dc.
                                  C.R.R. 2251 of 2021
                                  (Via Video Conference)

                                    Md. Aslam & Ors.
                                         versus
                                 The State of West Bengal

             In Re: An Application under Section 482 of the Code of
             Criminal Procedure, 1973.

             Mr. Mazahar Hossain Chowdhury,
             Mr. Md. Zeeshanuddin         ... For the Petitioners.


             Mr. S. G. Mukherjee, Ld. P.P.,
             Ms. Manisha Sharma                ... For the State.



                   Records reflect that warrant of arrest was issued

             against the petitioners by an order dated 01.10.2021.

             Learned    Senior     Municipal      Magistrate,     Kolkata   being

             frustrated with the conduct of the petitioners issued warrant

             of arrest. I find no illegality in the said order. However, having

             regard to the undertaking given by the learned advocate

             appearing for the petitioners before this Court that the

             petitioners would appear regularly before the trial court till

             disposal of the case, I am of the view that an opportunity

             must be granted to the petitioners.

                   In the circumstances, if the petitioners appear before

             the   learned   Senior    Municipal     Magistrate,     Kolkata   by

             01.12.2021 in connection with Garden Reach Police Station

             Case No. 41 of 2018 dated 18.02.2018, the petitioners shall

             be allowed to remain on the same bail and bonds on which

             they were released earlier prior to the warrant of arrest being

             issued on 01.10.2021. However, on 02.12.2021, the learned
                           2




Magistrate will be at liberty to revive the warrant of arrest

which for the present is being stayed till 01.12.2021, if the

petitioners do not appear.

      Once the petitioners appear before the court, the

learned   Magistrate     would   fix   schedule   on    and   from

06.12.2021

regularly till the final arguments of the case is

over. The learned Magistrate thereafter, according to his

convenience, will pass judgment.

Ms. Manisha Sharma, learned advocate who ordinarily

appears for the State was directed to appear in this matter for

assisting the Court. Her appearance may be regularised by

the concerned authorities.

With the aforesaid observations, the revisional

application being CRR 2251 of 2021 is disposed of.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Tirthankar Ghosh, J.)