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Calcutta High CourtCRR/1146/2024disposed

Amanullah Mollah v. State Of West Bengal And ANR

2024-07-15Hon'Ble Justice Suvra Ghosh2 pages

July 15, 2024

(7) ARD CRR 1146 of 2024 CRAN 1 of 2024 Amanullal Mollah Vs.

The State of West Bengal & anr.

Sr. Adv. Milan Mukherjee, Adv. Prabir Majumder, Adv. Snehansu Majumder, Adv. Sahima Mollah, ... for the Petitioner.

Adv. Anand Kesari, ...for the State.

Supplementary affidavit filed on behalf of the petitioner is taken on record.

None appears for the private opposite party despite service.

It is submitted on behalf of the petitioner that Criminal case being Chapra Police Station case no. 110 of 2021 dated 10th March, 2021 was registered against the petitioner and others under Sections 3/4/5 and 7 of the Immoral Traffic (Prevention) Act, 1956 and charge sheet has been submitted under Sections 3/4/5/7 of the Immoral Traffic (Prevention) Act, 1956 and Section 8/17 of the POCSO Act.

Prayer for pre arrest bail filed by the petitioner was turned down by an order passed on 28th February, 2024 in CRM (A) no. 546 of 2024. Warrant of arrest has been issued against the petitioner and others on 22nd March, 2024 by the learned Judge, Special Court under the POCSO Act, Krishnanagar, Nadia in POCSO case no. 41 of 2023.

The petitioner undertakes to surrender before the learned trial Court within a fortnight from date and seeks stay of the warrant of arrest till certain time. Upon consideration of the submission made on behalf of the parties, the revisional application, being CRR 1146 of 2024 is disposed of directing the petitioner to surrender before the learned trial Court within a fortnight from date. In the event the petitioner surrenders within such time and prays for bail, the trial Court shall consider his application, in accordance with law.

The warrant of arrest issued vide order passed on 22nd March, 2024 in POCSO case no.41 of 2023 be stayed till 25th July, 2024.

If the petitioner does not surrender within the said period, the learned trial Court shall be at liberty to proceed in accordance with law.

CRAN 1 of 2024 is disposed of.

Urgent certified website copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Suvra Ghosh, J.)