Calcutta High CourtCRR/962/2022disposed

Tushar Kanti Majumder And ORS v. State Of West Bengal

2022-03-29Hon'Ble Justice Jay Sengupta2 pages

29.03.2022 SB Ct. No.39 CRR 962 of 2022 In the matter of : Tushar Kanti Majumder & Ors. Mr. Kallol Mondal Mr. Anindya Ghosh ... for the Petitioners Mr. Debabrata Chatterjee Mr. Pratick Bose ... for the State This is an application challenging the issuance of warrant of arrest against the present petitioners in G.R. Case No. 5192 of 2011 pending before the learned Chief Judicial Magistrate, Barasat, North 24 Parganas.

Let a copy of the revisional application be served upon Mr. Debabrata Chatterjee and Mr. Pratick Bose, learned counsels, who ordinarily appear on behalf of the State. They are requested to appear in this matter. 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 petitioners are the accused in this case. After being arrested in connection with the present case, they were granted bail. They were attending the Court regularly since 2016. On 21.02.2022 the petitioners were absent before the learned Trial Court and prayed for an adjournment. The prayer was rejected. On the next date i.e., on 28.02.2022 they were again absent and a warrant of arrest was issued against them. The petitioners want to join the proceeding. Learned counsel appearing on behalf of the State submits that the petitioners should surrender before the learned Trial Court at the earliest.

I have heard the submissions of the learned counsels for the appearing for the petitioner and the State and have perused the revision petition.

It appears that the petitioners had been attending the learned Trial Court for a considerable period. At present they want to join the proceeding at the earliest.

In view of the above, I direct the petitioners to surrender before the learned Trial Court within a period of four weeks from this date . The warrant of arrest shall remain stayed in the meantime. In the event the petitioners surrender before the learned Trial Court and pray for bail, their bail application shall be considered in accordance with law.

With these observations, the revisional application is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon completion of requisite formalities. (Jay Sengupta, J.)