Sk. Basir vs The State Of West Bengal
2023 Latest Caselaw 3019 Cal

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


Present :
The Hon'ble Justice Bibek Chaudhuri



                           CRR 1255 of 2023

                              Sk. Basir
                                 Vs.
                      The State of West Bengal


Mr. Tapas Kumar Ghose
Mr. Tanmay Chowdhury
           ..for the petitioner

Mr. Ayan Bhattacharjee, Ld. Special P. P.
           ...for the State


Item No.18

Heard & Judgment on:          28.04.2023


Bibek Chaudhuri, J.

G.R. Case No. 779 of 2016 arising out of Labpur Police Station

Case No. 197 of 2016 dated 18th September, 2016 under Sections

286/304/326/34 of the Indian Penal Code and Sections 3 and 4 of the

Explosive Substance Act is pending before the learned Additional

Sessions Judge at Bolpur. The petitioner is one of the accused in the

said case. The petitioner is a mason by profession and he works in

Chennai. All along he was represented by his learned advocate under

Section 317 of the Code of Criminal Procedure. However, on 6 th

March, 2023 learned advocate on behalf of the petitioner did not take

any step and due to his preoccupation in Chennai the petitioner could

not appear before the trial Court. Therefore, the learned Magistrate

issued warrant of arrest against the petitioner.

It is submitted by the learned advocated for the petitioner that

the petitioner will surrender before the trial Court within specific

period of time which will be granted by this Court and in that event

warrant of arrest may be recalled.

I have heard the learned advocate for the petitioner.

The instant revision can be disposed of with the assistance of

the learned Special P.P. Therefore Mr. Ayan Bhattacharjee, learned

advocate is requested to assist this Court on behalf of the State of

West Bengal.

I have heard the learned advocate for the petitioner as well as

Mr. Bhattacharjee, learned Special P.P. Mr. Bhattacharjee has raised

no objection and his concern is only to dispose of the case at an early

date.

In view of such circumstances, the instant revision is disposed

of directing the petitioner to surrender before the trial Court within

three weeks from the date of this order.

In the meantime, execution of warrant of arrest be kept in

abeyance.

(Bibek Chaudhuri, J.)