Calcutta High CourtCRR/503/2022disposed

Bibhuti Bhusan Mondal And ANR v. State Of West Bengal And ANR

2022-02-22Hon'Ble Justice Jay Sengupta2 pages

C.R.R. 503 of 2022 Court No.

Item 24 Ssi In the matter of:- Bibhuti Bhusan Mondal & anr. 22.02.

(via video conference) Mr. Dhananjay Nayak ...for the petitioners Mr. Saswata Gopal Mukherjee, Ld. PP Mr. Arijit Ganguly Ms. Debjani Sahu ...for the State This is an application challenging issuance of warrant of arrest against the petitioners under Section 401A of the Kolkata Municipal Corporation Act. Let a copy of this application be served upon Mr. Arijit Ganguly and Ms.

Debjani Sahu, learned advocates, who are present in Court today and who ordinarily appear on behalf of the State. Their engagement may be regularised in due course by the competent authority of the State.

Learned counsel appearing on behalf of the petitioners submits as follows. The petitioners are aged persons who had been made accused in a proceeding under Section 401A of the KMC Act. After obtaining bail, the petitioners were regularly attending the learned trial Court. However, after the onset of the COVID-19 Pandemic, the petitioners failed to take steps on a

particular date and the warrant of arrest was issued against them. They want to join the proceeding at the earliest.

Learned counsel appearing on behalf of the State submits that the petitioners may be directed to surrender before the learned trial Court at the earliest. It appears that the petitioners were attending Court for quite some time.

Let the warrant of arrest issued against the petitioners remain stayed for a period of four weeks from this date.

The petitioners are directed to surrender before the learned trial court within such time. In the event, the petitioners surrender before the learned trial court within four weeks from this date and pray for bail, the application for bail shall be considered in accordance with law.

With these observations, the revisional application is disposed of.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities. (Jay Sengupta, J.)