Arif Molla @ Arif Hassain Molla And ORS. v. State Of West Bengal

12.04.2024

IN THE HIGH COURT AT CALCUTTA

Item No.29 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1136 of 2024 In the matter of : Arif Molla @ Arif Hassain Molla & Ors. ... Petitioners.

Mr. Aniket Mitra, Mr. Sudipto Das ... For the Petitioners.

Mr. Debasish Roy, Ld. P.P., Mr. Arijit Ganguly, Ms. Shaila Afreen ... For the State.

Report dated 12.04.2024 submitted on behalf of the State be kept with the record.

Learned advocate appearing for the petitioners submits that he is not inclined to press the revisional application for the petitioner no.2 who has been arrested and has been taken into custody.

So far as the rest of the petitioners are concerned, execution of the proclamation and attachment so issued by the learned Additional Chief Judicial Magistrate, Diamond Harbour be kept in abeyance/stayed till 30.04.2024. The petitioner nos. 1, 3, 4 and 5 would be at liberty to exhaust the remedies available under the law. So far as the warrant of arrest is concerned, there is no bar for the police authorities to execute the same.

The learned Additional Chief Judicial Magistrate, Diamond Harbour in seisin of the matter on 01.05.2024 would ensure the steps for execution of the proclamation and attachment and thereafter within a period of 45 days split up

the case in respect of the absconding accused persons and commit the case to the jurisdictional sessions court. With the aforesaid observations, the revisional application being CRR 1136 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)