Sarif Mia v. State

C.R.R 341 of 2001 D/L 67 August 23, Bpg.

In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure;

Md. Sarif Mia

Versus

The State of West Bengal Mr. Anwar Hossain, Ms. Manisha Sharma.

...for the State.

The present revisional application was preferred challenging the order dated 29.01.2000 passed by the learned SubDivisional Judicial Magistrate, Malda wherein the warrant of arrest was issued in connection with Manickchak Police Station Case No.87 of 1993 dated 3.12.1993. Additionally, the petitioner also prayed for quashing of the proceedings in connection with the same case, which was registered for investigation under Sections 395/397/412 of the Indian Penal Code.

As none appears on behalf of the State, Mr. Anwar Hossain, learned advocate, who ordinarily appears on behalf of the State, is directed to represent the State. His appearance may be regularised by the concerned authorities.

Having regard to the fact that the revisional application is yet to be admitted and the issue relates to warrant of arrest and the subject matter of the proceeding is under Sections 395/397/412 of the Indian Penal Code being challenged, I am of the opinion that at this belated stage there is no scope for interference. Having regard

to the fact that it is only question of fact which has been canvassed in the revisional application.

Consequently, CRR 341 of 2001 is dismissed.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)