Rahul Agarwal And Others vs The State Of West Bengal And Anr
2023 Latest Caselaw 2532 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                               Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri


                              CRR 1163 of 2023


                     Rahul Agarwal and Others
                                Vs.
                   The State of West Bengal and Anr.


Mr. Sandipan Ganguly, Sr. Adv.
Mr. Arkadeb Bhattacharya
           ..for the petitioners

Ms. S. Parekh
            ..for the De facto complainant

Mr. Rudradipta Nandy, APP
Ms. Sonali Das
            ..for the State

Item No.20

Heard & Judgment on:           13.04.2023

Bibek Chaudhuri, J.

Learned advocate on record is granted liberty to amend the

cause title by incorporating the name of the de facto complainant in

the cause title and renumbering the opposite parties.

The de facto complainant is a resident of a place within the

jurisdiction of Balurghat Police Station. The petitioners are husband,

father-in-law, mother-in-law, sister-in-law, husband of sister-in-law

and paternal uncle-in-law of the opposite party No.2. On the basis of

a written complaint submitted with the Officer-in-charge, Balurghat

P.S. Case No. 05 of 2020 dated 4 th February, 2020 under Sections

498A/307/376/511/506 of the Indian Penal Code read with Sections 3

and 4 of the Dowry Prohibition Act was registered. On receipt of

summons the petitioners appeared before the trial Court initially.

However, on 21st January, 2023 the accused persons who are

permanent residents of Hyderabad and Secundrabad respectively

were not able to appear before the trial Court and the learned

advocate on behalf of the accused persons prayed for adjournment.

The learned trial Judge rejected the said petition for adjournment filed

on behalf of the accused persons and issued warrant of arrest against

them.

It is submitted by the learned senior counsel on behalf of the

petitioners that as they are residents of a distant place, it was not

possible for them to appear on 21 st January, 2023 before the Court

below. It is also submitted that the petitioners shall appear on the

next date fixed in the trial Court and take necessary step.

Having heard the learned advocate for the petitioner this Court

is of the view that the instant revision can be disposed of here and

now. Therefore, Mr. Rudradipta Nandy, learned P.P.-in-charge is

requested to assist this Court on behalf of the State.

Appointment of Mr. Nandy be regularized by the learned Public

Prosecutor, High Court, Calcutta.

In view of the undertaking given by the learned senior counsel

for the petitioner, operation of the order dated 21st January, 2023 be

kept in abeyance. Execution of warrant of arrest issued against the

petitioners is recalled.

The petitioners are directed to appear before the trial Court on

15th May, 2023. On their appearance/surrender the learned trial Judge

shall consider their prayer for bail in accordance with law.

Since the petitioners are residents of a distant place, if they are

advised to file an application under Section 205 of the Code of

Criminal Procedure and if such applications are filed, the learned trial

Judge is directed to consider such application in accordance with law

taking into consideration their permanent residence and the age of

the some of the petitioners and other considerations.

The instant revision is, thus, disposed of.

(Bibek Chaudhuri, J.)