Ranjit Banerjee v. State Of West Bengal

08.09.2021 Ct. No. 29 sdas CRR 172 of 2010 In Re : An application under Section 401 read with Section 482 of the Code of Criminal Procedure.

and In Re : Ranjit Banerjee .... petitioner This revisional application under Sections 401 and 482 of the Code of Criminal Procedure has emanated out of the impugned order dated 11.05.2009 passed by the learned Additional Chief Judicial Magistrate, Baruipur, 24-Parganas (South) in connection with Sonarpur Police Station Case No. 02 of 2008 corresponding to G.R. Case No. 12 of 2008 under Section 302 of the Indian Penal Code, wherefrom it appears that the learned Magistrate issued an warrant of arrest against the petitioner. In the instant application, the petitioner prayed for setting aside the impugned order dated 11.05.2009. On call none appears for the petitioner as well as the State.

On perusal of the earlier order dated 29.01.2010, it appears that the direction was given to the petitioner to surrender before the concerned court and pray for bail before the learned court below and the learned court below shall consider such prayer in accordance with law.

It appears from the order that the impugned order was stayed for a period of two weeks providing an opportunity to the petitioner to surrender.

With efflux of time the stay order is automatically vacated. As the petitioner is unrepresented, the revisional application stands infructuous.

Having considered the contents of the revisional application, certified copy of the impugned order and the materials in the case diary, I find that there is no illegality, irregularity or improprieties in the impugned order and as such there is no reason to interfere with the same. Accordingly, the revisional application being CRR No. 172 of 2010 is dismissed on merit.

Let a copy of this order be sent to the court of the learned Additional Chief Judicial Magistrate, Baruipur, 24-Parganas (South) for necessary information.

Urgent certified xerox copy of this order, if applied for, be supplied to the applicant expeditiously after complying with all necessary legal formalities.

(Ananda Kumar Mukherjee, J.)