Ashish Das v. State Of West Bengal

NB 05.02.2021 CRR 848 of 2020 Ct. No. 32 In the matter of:- Ashish Das ...petitioner Mr. Debapriya Gupta.

...for the petitioner.

Mr. Bidyut Kr. Roy, Mr. Pratick Bose.

...for the State.

Although this is an application challenging an order of 30.11.2019 passed by the learned Judicial Magistrate, 2nd Court, Howrah in GR Case No.1608 of 2008, learned Counsel appearing on behalf of the petitioner submits that the petitioner would not like either to press the same or to pray for transfer of the case and would instead pray for an expeditious disposal of a proceeding.

Let a copy of this application be served upon Mr. Bidyut Kr. Roy and Mr. Pratick Bose, learned Counsels who ordinarily appear on behalf of the State and who are present in Court today. Their engagement may be regularised by the competent authority of the State in due course. Learned Counsel appearing on behalf of the petitioner submits as follows. The petitioner is the de facto complainant in this case. He had been appointed as a receiver in connection with some properties at North Kolkata by this Court. During the relevant period, the petitioner was busy with the work as such, could not attend the learned Trial Court. Consequently, the learned Trial Court was pleased to issue a non-bailable warrant of arrest against the petitioner. The petitioner wants to join the proceeding at the earliest. Since the matter is of 2008, a direction may be passed to expedite the proceeding.

Learned Counsel for the State, in his usual fairness, submits that

it would be in the interest of justice if the proceeding is expedited. I have heard the submissions of the learned Counsels appearing on behalf of the petitioner and the State and have perused the revision petition.

No prejudice will be caused to anyone if a direction is passed for an expeditious disposal of the proceeding.

It appears that the petitioner has made out a case for stay of the warrant of arrest issued against him.

In view of the above and in the interest of justice, I direct that the warrant of arrest issued against the petitioner shall remain stayed for a period of four weeks from this date and the petitioner shall appear before the learned Trial Court within such period and in the event, he appears before the learned Trial Court within such time, the learned Trial Court shall pass an appropriate order and proceed with the matter. The learned Trial Court is further requested to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties.

With these observations, the revisional application is disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)