Calcutta High CourtCRR/1246/2021disposed

M/S Lamiya Silks And ORS v. M/S Rrd System

2021-09-23Hon'Ble Justice Kausik Chanda2 pages

23.09.2021 rrc CRR 1246 of 2021 In re : An application under Section 482 of the Code of Criminal Procedure, 1973.

In the matter of : M/S. Lamiya Silks & Ors.

..... petitioners Mr. Monish Banerjee ....For the petitioners Ms. Sukanya Bhattacharyya Md. Kutub Uddin ....For the State A warrant of arrest has been issued against the petitioner no. 2 in connection with the Complaint Case being CS/10735/2019 dated February 22, 2019, under Section 406 of the Indian Penal Code, 1860.

Ms. Sukanya Bhattacharyya, learned advocate, who generally appears for the State, is requested to appear in this matter. Let her appointment be regularized. A copy of the application is made over to her in the course of this day.

It appears that by an order dated January 10, 2020, learned Magistrate in the Court below, issued summons upon the petitioner no. 2, and on the next date, in view of his absence issued a warrant of arrest against them.

Learned advocate for the petitioner no. 2 submits that the petitioner no. 2 is ready and willing to surrender before the learned Magistrate in the Court below on any date, as may be directed by this Court.

In that view of the matter, without delving into any other aspect, this revisional application is disposed of with a direction upon the petitioner no. 2, to surrender before the learned

Magistrate in the Court below within a period of four weeks from date. The warrant of arrest issued against the petitioner no. 2 shall remain stayed for a period of four weeks from date. If the petitioner no. 2 surrenders before the learned Magistrate in the Court below within the stipulated period as directed above, the learned Magistrate in the Court below shall consider the prayer for bail of the petitioner in accordance with law. In the event the petitioner no. 2 does not surrender within the stipulated period as mentioned above, the learned Magistrate will be at liberty to execute the warrant of arrest against petitioner no. 2.

The application being CRR 1245 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.)