Anup Tiwari And Another vs The State Of West Bengal & Anr
2021 Latest Caselaw 5702 Cal

D/L26                               C.R.R. No.2264 of 2021
November                            (Via Video Conference)
17, 2021
   Bpg.
           In Re: An application under Section 401 read with Section 482 of the
           Code of Criminal Procedure, 1973;

                                   Anup Tiwari and another
                                           Versus
                                   The State of West Bengal & Anr.


                         Mr. Mrityunjoy Chatterjee,
                         Md. G.N. Imrohi.
                                     ...for the petitioners.


                         Mr. Saswata Gopal Mukherjee, Ld. P.P.,
                         Mr. Arijit Ganguly.
                                     ...for the State.



                         Learned advocate for the petitioners draws the attention

            of this Court to the order dated 02.11.2021 passed by the learned

            Senior Municipal Magistrate, Kolkata.

                         Learned lawyer is aggrieved by the issuance of warrant of

            arrest.

                         I have perused the order passed by the learned

            Magistrate and I find that there is no illegality in the order as the

            case was at the advanced stage of defence witness when the present

            petitioners were not appearing, thereby deterring further progress of

            the trial.

                         Mr. Chatterjee, learned advocate for the petitioners is

            directed to serve upon the learned Public Prosecutor, who is present

            in Court.     Mr. Chatterjee undertakes that the petitioners would
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make themselves available on each and every date fixed by the

learned trial court.

           In view of the undertaking given by the learned advocate

for the petitioners, I am of the opinion that an opportunity must be

granted to the petitioners although there was no illegality in the

order passed by the learned Senior Municipal Magistrate.

           The warrant of arrest so issued by the Senior Municipal

Magistrate, Kolkata is stayed till 2nd December, 2021.

           As such, if the petitioners surrender before the learned

Senior Municipal Magistrate by 1st December, 2021, they may be

allowed to continue on the same bail and bond on which they were

earlier released prior to the issuance of warrant of arrest on

02.11.2021

. In case, the petitioners do not appear/surrender by 1st

December, 2021, the learned Magistrate would be at liberty to revive

the warrant of arrest and exhaust other harsher process of law. It is

further made clear that the petitioners would make themselves

available on each and every date fixed by the learned Senior

Municipal Magistrate.

The learned Magistrate will be at liberty to fix regular

dates for completing the defence witness and final arguments of the

case. Thereafter, the learned Magistrate at his convenience would

deliver the judgment and the same may be preferably by 31st

January, 2022. Any violation of the aforesaid conditions would

entitle the learned Magistrate to take recourse to harsher process of

law.

CRR 2264 of 2021 is accordingly disposed of.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)