Calcutta High CourtCRR/248/2023disposed

Shyam Biswas And ANR v. State Of West Bengal

2023-10-11Hon'Ble Justice Tirthankar Ghosh2 pages

11.10.2023 Item No.13 ss/SD C.R.R. 248 of 2023 In Re: An application under Section 482 of the Code of Criminal Procedure, 1973 ,, Shyam Biswas & Anr.

Vs.

The State of West Bengal Mr. Tapan Datta Gupta Mr. Parvej Anam ... for the petitioners Mr. Saswata Gopal Mukherji, ld P.P.

Mr. Saryati Datta ... for the State Petitioners are directed to serve copy of this revisional application upon Mr. Saryati Datta, learned Advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

Present revisional application has been preferred challenging the continuation of proceeding of Taherpur PS Case No. 23 of 2010. So far as the prayer of quashing is concerned, the same is not interfered with as the same is belatedly filed after 13 years. However, learned advocate appearing for the petitioners submits that warrant of arrest has been issued against the petitioners.

Having considered that the petitioners were earlier on bail and were misguided in all probabilities at the stage of Section 313 of the

Cr.P.C., I am of the opinion that the warrant of arrest so issued against the petitioners be stayed till November 30, 2023. In case, the petitioners surrender they may be allowed to continue on the same bail and bond but subject to conditions for appearance as the learned Judicial Magistrate, 3rd Court Ranaghat, Nadia, deems fit and proper.

Learned trial court after appearance of the accused persons will see to that the judgment in relation to the instant case is pronounced at the earliest.

With the aforesaid observations, the revisional application being CRR 248 of 2023 is disposed of.

Learned Judicial Magistrate, 3rd Court, Ranaghat, Nadia, is directed to act on the server copy of this order duly downloaded from the official website of the High Court, Calcutta. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostast certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)