Bibhas Dutta & Anr vs State Of West Bengal
2022 Latest Caselaw 3860 Cal

Form J(2)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                             Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                       C.R.R. 1848 of 2022

                       Bibhas Dutta & Anr.
                               Vs.
                      State of West Bengal

For the petitioner     :   Mr. Allen Felix, Adv.


For the State          :   Ms. Anasuya Sinha, Adv.
                           Mr. Pinak Kr. Mitra, Adv.

Heard on               : 30.06.2022

Judgment On            : 30.06.2022.

Bibek Chaudhuri, J.

Affidavit-of-service be kept with the record.

The petitioner has challenged the legality, validity and

propriety of the order dated 18th September, 2021 where the learned

Additional Chief Judicial Magistrate, Katwa, Purba Burdwan issued

proclamation against 16 accused persons of whom Bibhas Dutta and

Amlan Chatterjee @ Johor are the petitioners.

Having heard the learned Advocate for the petitioners and the

learned Public Prosecutor-in-Charge who in all fairness submits that

the impugned order is not passed in accordance with law, this Court

finds that prior to issuance of proclamation against the accused

persons, it is required for the Court to first issue warrant of arrest.

After receiving non-execution report of warrant of arrest, the learned

Magistrate is empowered to issue an order of attachment, when

attachment fails, the accused may be declared as proclaimed

offender.

It appears from the order dated 31 st July, 2021 that warrant of

arrest was issued against the accused persons but execution report

was not received by the Trial Court.

It is also pointed out by the learned Public Prosecutor-in-

Charge that the petitioner has not annexed the orders dated 13 th

August, 2021 and 1st September, 2021. The learned Advocate for the

petitioner has handed over the certified copy of the order dated 1 st

September, 2021 where the learned Magistrate fixed 14 th December,

2021 for execution report of warrant of arrest in respect of the

accused persons whose names are appearing in the order dated 18 th

September, 2021.

The order per se is illegal.

Accordingly the order dated 18 th September, 2021 is set aside.

However, the instant revision has been filed by two petitioners out of

the above named 16 accused persons. The said two petitioners are

directed to surrender before the Trial Court within 7 days from the

date of this order.

The learned Trial Judge shall pass necessary order in respect of

the petitioners of the instant revision if they surrender in accordance

with law.

During this period, the execution of warrant of arrest against

the petitioners be stayed.

(Bibek Chaudhuri, J.)