Calcutta High CourtCRR/892/2025disposed

Shainawaz Alam And ORS.. v. State Of West Bengal

2025-02-26Hon'Ble Justice Suvra Ghosh2 pages

26.02.2025 rc/ct.no.34 Item No.28 CRR No. 892 of 2025 In the matter of : Shainawaz Alam & Ors.

.......Petitioners Mr. Surajit Basu Mr. Jasika Alam ...for the Petitioners The petitioners have assailed the order dated January 30, 2025 passed by the learned Judicial Magistrate, 8th Court, Calcutta in CS Case No. 0019158 of 2015 directing issuance of warrant of arrest against them.

Learned counsel for the petitioner submits that the petitioners filed a discharge application before the learned Chief Judicial Magistrate, Calcutta on January 04, 2025 and a report was called for by the learned Magistrate from the Investigating Officer by January 30, 2025. In the meantime, the matter was put up before the learned Chief Judicial Magistrate on prayer of the prosecution on January 16, 2025 and the case was transferred to the learned Judicial Magistrate, 8th Court, Calcutta fixing January 30, 2025 for further order. Since the petitioners were not aware of the said transfer, they failed to take steps before the learned Magistrate for which warrant of arrest was issued against them. The petitioners undertake to surrender before the learned Judicial Magistrate within seven days from date. If the petitioners surrender before the learned Judicial Magistrate within seven days from date, they shall be allowed to remain on the same bond.

In the event the petitioners fail to surrender before the learned Judicial Magistrate within the stipulated time frame, the learned Judicial Magistrate shall be at liberty to take necessary steps against the petitioners in accordance with law without further reference to this Court.

The warrant of arrest issued vide an order dated January 30, 2025 be stayed till March 07, 2025.

CRR No. 892 of 2025 is disposed of accordingly. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh,J)