Tripti Saha And ANR v. State Of West Bengal And ANR

28.07.2021 rrc CRR 975 of 2021 In re : An application under Section 482 of the Code of Criminal Procedure, 1973.

In the matter of : Tripti Saha & Anr.

..... petitioners Mr. Tapan Datta Gupta Mr. Parvej Anam .....For the petitioners Mr. Aniket Mitra .....For the Opposite Party No. 2 By an order dated December 13, 2012, the learned Additional District Judge, 4th Court, Special Court (under Electricity Act), Barasat, North 24-Parganas issued a warrant of arrest against the petitioner no. 1 in connection with Baguihati PS Case No. 331 of 2012 dated April 27, 2012, under Section 135(1)(e) of the Indian Electricity Act, 2003. The warrant has not yet been executed. Learned advocate for the petitioners submits that petitioner no. 1 is ready and willing to appear before the learned Judge in the Court below on any date and face the trial.

Learned advocate for the petitioners at this stage does not want to press the prayer for quashing of Baguihati PS Case No. 331 of 2012 dated April 27, 2012, under Section 135(1)(e) of the Indian Electricity Act, 2003.

In view of the submission made by the learned advocate for the petitioners, the petitioner no. 1 is directed to surrender before the learned Judge in the Court below within a period of eight weeks from date. The learned Judge shall consider her application for bail in accordance with the law without being influenced by this order. If the petitioner no. 1 does not surrender before the learned Magistrate in the Court below in terms of this order, the warrant of

arrest against the petitioner no. 1 shall revive, and the learned Judge will be at liberty to execute the warrant against her in accordance with the law.

The revisional application being CRR 975 of 2021 is disposed of.

All parties shall act upon the server copy of this order duly downloaded from the official website of this Court. (Kausik Chanda, J.)