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Calcutta High CourtCRR/1077/2023disposed

Sekh Mani v. State Of West Bengal And ANR

2024-03-19Hon'Ble Justice Tirthankar Ghosh2 pages

19.03.2024 Serial no. 5 [G.S.D] CRR 1077 of 2023 With CRAN 1 of 2023 In the matter of : Sekh Mani ... ... Petitioner Mr. Akashdeep Mukherjee Ms. Soumali Das ... for the petitioner Md. Anowar Hossain ... for the State The petitioner has prayed for recall of the order dated 20th September, 2023.

Ld. Advocate for the petitioner submits that no warrant was issued.

The records of the case reflect that the petitioner was directed to surrender and warrant was kept in abeyance till 31st of October, 2023.

In view of the submissions so advanced by the ld. Advocate for the petitioner, the part of the order so far as it relates to warrant of arrest being issued and directions to be stayed and further directing the petitioner to surrender before 31st of October, 2023, is recalled.

Records of the revisional application reflect that charge-sheet was submitted before the ld. Jurisdictional court. However, no document under section 207 of the

cr.p.c. was enclosed along with the present revisional application and only the formal charge-sheet and the formal FIR was enclosed.

Having regard to the fact that the revisional application which was filed, was premature, I am of the view that the petitioner would be at liberty to take up all the points at the stage of section 239 of the cr.p.c. at the time of consideration of charges by the ld. Jurisdictional court. If any application, to that effect, is filed, the ld. Jurisdictional court would consider the same in accordance with law. No interference is made by this court at this stage so far as the merits of the main revisional application is concerned.

With the aforesaid observations, CRR 1077 of 2023 along with CRAN 1 of 2023 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)