Biswanath Bhuni @ Bhuin v. State Of West Bengal And ANR.

Court No. 34 CRR 662 of 2022 13.12.2023 (AD 39) In re: Biswanath Bhuni @ Bhuin (S. Banerjee) ... petitioner Mr. Swapan Kumar Mullick Md. Shakir Mr. Biswajti Chatterjee ... for the revisionist Mr. Sudip Ghosh Mr. Bitasok Banerjee ... for the State Learned advocate Mr. Mullick, learned advocate for the petitioner, challenges the continuation of the proceeding.

However, record reflects charge-sheet has been submitted and the petitioner is yet to receive documents under Section 207 Cr.P.C.

Having regard to the same I am of the view that the prayer for quashing at this stage is a premature application. It has also been submitted that warrant of arrest has been issued against the petitioner nos. 1 Bishwanath Bhuni @ Bhuin, petitioner no. 2 Rahul Bhuni @ Bhuin and the petitioner no. 3 Shrabani Bhuni @ Bhuin.

Having regard to the nature of the allegation I direct that in case the petitioner appear and surrender before the learned jurisdictional Court by 15th January, 2024, in that case the learned Magistrate would consider whether

any useful purpose would be served by keeping the persons in custody and decide the application in accordance with law. The warrant of arrest so issued by the learned ACJM, Dubrajpur be kept in abeyance till 17th January, 2024. In case the petitioner do not appear/surrender by 15th January, 2024, on 17th January, 2024 the learned ACJM, Dubrajpur would be at liberty to proceed with the case to the next stage of the process of law relating to Section 82 Cr.P.C. With the above observation CRR 662 of 2022 is disposed of.

All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court.

(Tirthankar Ghosh, J.)