Karabi Ghosh v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 05-01-2023 Subha Item no.29 Ct no.34 CRR 649 of 2021 Smt. Karabi Ghosh -versus- State of West Bengal.

Mr. Md. Anwar Hossain Ms. Debjani Sahu ...for the State.

The impugned order dated 28.01.2021 reflects that warrant of arrest was issued against the accused as she was absent in court on the date fixed for examination under Section 313 of the Code of Criminal Procedure. The charges against the petitioner are under Section 401 of the Kolkata Municipal Corporation Act, 1980. Record reflects that the learned Magistrate in the month of January, 2021 fixed dates of 04.01.2021, 14.01.2021 and 28.01.2021.

Having considered the opportunity granted by the learned Magistrate for the petitioner to appear at the stage of S.313 of the Code of Criminal Procedure, I am of the view that the petitioner has unnecessarily adopting dilatory tactics.

As none appears on behalf of the State, Mr. Md. Anwar Hossain, learned advocate who ordinarily appears on behalf of the State is directed to represent the State. His appointment may be regularized by the concerned Authorities in due course.

In view of the orders so passed by the learned Municipal Magistrate, I am of the opinion that no interference is called for. Accordingly, the present revisional application being CRR 649 of 2021 is dismissed.

. Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]