Ayesha Awan vs Kushal Mussadi & Ors
2023 Latest Caselaw 551 Cal

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


Present :
The Hon'ble Justice Bibek Chaudhuri

                              CRR 4523 of 2022

                                    Ayesha Awan
                                         Vs.
                                   Kushal Mussadi & Ors.


      Ms. Rupa Singh
                 ..for the petitioner

      Mr. Mainak Gupta
                 ..for the State


Item No. 83.


Heard & Judgment on:          18.01.2023


Bibek Chaudhuri, J.

This is an application for a direction upon the trial Court

for expeditious disposal of Complaint Case No.CS/68753/2018

filed by the petitioner under Section 138 of the N.I. Act pending

before the learned Metropolitan Magistrate, 14 th Court at

Calcutta.

It is ascertained from the petition that the aforesaid

complaint case under Section 138 of the N.I. Act was filed on

31st July, 2018. The accused surrendered before the trial Court

on 4th January, 2019. The evidence on behalf of the petitioner

was closed. Date was fixed for examination of the opposite

party No.1 under Section 313 of the Code of Criminal Procedure

on 4th September, 2019. However, the opposite party did not

appear on the date of his examination under Section 313 of the

Code of Criminal Procedure. Therefore, the learned Magistrate

issued warrant of arrest on 17 th January, 2020. The opposite

party No.1 again surrendered before the trial Court on 20 th

March, 2020 and was released on bail. Again he disappeared

and the trial Court issued warrant of arrest on 1 st July, 2022. Till

date the said warrant of arrest has not been executed.

Therefore, the case is pending. Unless and until the warrant of

arrest pending against the accused is executed by the police

authority, trial of the case cannot be taken up by the learned

Magistrate. Therefore, the petitioner is at liberty to mention the

matter before the learned Magistrate for passing necessary

order directing the police authority to execute the warrant of

arrest pending against the opposite party No.1. At this stage,

this Court cannot pass any order for expeditious disposal of the

above mentioned case.

With the above observation, the instant revision is

disposed of.

(Bibek Chaudhuri, J.)