Calcutta High CourtCRR/1846/2024disposed

Ramawati Tewari And Others v. State Of West Bengal And ANR

2024-05-15Hon'Ble Justice Tirthankar Ghosh2 pages

15.05.2024 Serial no. 12 [G.S.D] CRR 1846 of 2024 In the matter of : Ramawati Tewari & Ors.

... ... Petitioners Mr. Ayan Bhattacharya Mr. Rabi Ghosh Mr. Rahul Ganguly ... for the petitioners Mr. Debasish Roy Mr. Arijit Ganguly Mr. Koushik Kundu ... for the State Record reflects that on 21.1.2024 warrant of proclamation and attachment was issued against the present petitioners namely, Ramawati Tewari, Bejoy Bahadur Tewari and Basant Tewari.

The case was having history of directions being passed by this court and, accordingly, in respect of the other accused persons, the ld. Magistrate dealt with the issue. It is also reflected from the order dt. 27.2.2024 that process of proclamation report was received.

Be that as it may, I direct the three petitioners to appear before the ld. ACJM, Barrackpore.

In order to comply such order, the petitioners within a period of 15 days would initially file a put up petition along with their application for bail. The ld. Magistrate would fix date for hearing of such bail application by issuing notice to

the State/investigating officer of the case, as in the earlier order, participation of the defacto-complainant was allowed, the investigating officer will sent necessary instruction to the defacto-complainant on the date so fixed for hearing. The ld. Magistrate would consider the application for bail of the accused persons without being influenced by any of the observations of the earlier order so passed in respect of the liberty of the petitioners.

Accordingly, the execution of proclamation and attachment is stayed till 5th of June, 2024.

With the aforesaid observations, CRR 1846 of 2024 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.)