Md. Firoj Khan v. State Of West Bengal And ANR

12.03.2021 Sl. No. 21 Court No.30 s.biswas CRR 752 of 2021 Md. Firoj Khan Vs.

State of West Bengal & Anr.

Mr. Md. Younush Mondal ... ... for the petitioner This is an application under Article 227 of the Constitution of India filed by the petitioner who is the opposite party in MEX. Case No.42 of 2019 under Section 125(3) of the Code of Criminal Procedure pending before the learned Judicial Magistrate, 2nd Court at Barasat, North 24 Parganas.

At the time of hearing, the learned advocate for the petitioner draws my attention to an order dated 9th December, 2020 wherefrom it is ascertained that he has already paid `16,000/- out of `40,000/- for which execution case is filed by the opposite party no.2.

The learned advocate for the petitioner submits that the petitioner will pay the balance amount of `24,000/- to the opposite party within four weeks from the date and in the meantime warrant of arrest may be kept in abeyance. Having heard the learned advocate for the petitioner and in view of his submission in the form of undertaking, execution of warrant of arrest be stayed till 15th April, 2021 on condition that the opposite party shall make payment of balance amount of `24,000/- in the meantime to the petitioner before the learned Court below.

In view of the above order, nothing remains in the instant revision and accordingly, the instant revision is disposed of.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking. (Bibek Chaudhuri, J.)