Sukant Pal And ORS v. Jaya Baidya Pal And ANR

03.01.2023

IN THE HIGH COURT AT CALCUTTA

Item No.27 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 433 of 2021 Sukant Pal & Ors.

versus Jaya Baidya Pal & Anr.

In Re: An Application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973.

Md. Anwar Hossain, Ms. B. Hasna ... For the State.

The subject-matter of challenge in this revisional application relates to Barasat Police Station Case No. 289 of 2019 dated 04.06.2019.

The petitioners approached this Court at the stage when charge-sheet was submitted before the jurisdictional court. The petitioners have raised their grievance relating to order dated 07.09.2020 wherein the learned Magistrate after taking cognizance of the offences in relation to the chargesheet so submitted was pleased to issue warrant of arrest. I do not find that there is any illegality in the order passed by the learned Magistrate in view of the prayer advanced by the investigating agency that in spite of best of their efforts, the petitioners could not be apprehended and as the investigation was concluded, the learned Magistrate passed the order issuing warrant of arrest.

More than two years have passed since the order relating to warrant of arrest was issued. Having regard to the time which has passed in the meantime and there has been

no persuasion in respect of the present revisional application which has restricted to the issuance of legality and illegality of the warrant of arrest so issued, I am of the opinion that no interference is called for.

Accordingly, the revisional application being CRR 433 of 2021 is dismissed.

All pending connected applications, if any, are consequently disposed of.

All 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.)