Tapas Singha @ Tapash Singha v. State Of West Bengal
19.02.2024
IN THE HIGH COURT AT CALCUTTA
Item No.86 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.
C.R.R. 550 of 2024 In the matter of : Tapas Singha @ Tapash Singha ... Petitioner.
Mr. Dhananjoy Banerjee, Ms. Oindrila Ghosh ... For the Petitioner.
Mr. Debashis Roy, Ld. P.P., Mr. Arijit Ganguly, Ms. Baisali Basu ... For the State.
I have perused the order issuing warrant of arrest passed by learned Additional Chief Judicial Magistrate, Kalna and I do not find any illegality in the said order. However, the petition filed subsequently by the learned advocate itself reflects that the learned lawyer was at fault both while advising as well as while conducting the case before the learned Additional Chief Judicial Magistrate, Kalna. A litigant should not suffer for the fault of his lawyer. Accordingly, the execution return of the warrant of arrest so issued on 30.01.2024 and reiterated on 02.02.2024 is stayed till 01.03.2024 which is the next date so fixed by the learned Additional Chief Judicial Magistrate, Kalna. The petitioner would furnish proper bonds before the learned Additional Chief Judicial Magistrate, Kalna. The learned Additional Chief Judicial Magistrate, Kalna will check the identity of the petitioner and thereafter rely on the directions passed by the learned Sessions Judge while granting anticipatory bail and dispose of his application for regular bail in accordance with law.
If the petitioner fails to appear by 01.03.2024, the learned Additional Chief Judicial Magistrate, Kalna will exhaust harsher process of law on 02.03.2024 for compelling the appearance of the petitioner.
With the aforesaid observations, the revisional application being CRR 550 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.
All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)