Calcutta High CourtCRR/1933/2023disposed

Brij Mohan Mahajan v. The Director,Directorate Of Economic Offences

2023-06-06Hon'Ble Justice Tirthankar Ghosh3 pages

June 6, 2023 AD - 34 Ct. 34 SG CRR 1933 of 2023 Brij Mohan Mahajan -versus- The Director, Directorate of Economic Offences Mr. Tapan Datta Gupta Mr. Parvej Anam Ms. Rituparna Ghosh Mr. Sourav Sardar ... for the petitioner Mr. Arijit Ganguly Mr. Koushik Kundu ... for the State.

The grievance of the petitioner relates to an order dated 01.10.2021 passed by the learned Additional District and Sessions Judge, Bench-II in relation to Special Case No.DE 01 of 2017 wherein warrant of arrest was issued. Learned advocate for the petitioner has enclosed a number of medical documents to show that the petitioner is a bedridden person, unable to carry out normal activities and as such could not appear before the court for which the warrant of arrest has been issued.

The petitioner is directed to hand over a copy of the revisional application to Mr. Arijit Ganguly, learned advocate who ordinarily appears on behalf of the State, and is directed to represent the State. His appearance may be regularised by the concerned authorities.

The petitioner is directed to surrender by 6th July, 2023. If the petitioner is unable to walk, he will board an ambulance.

Learned special court will consider the medical documents as also the possibility of the petitioner absconding or evading the process of law including the factum of whether there is requirement of any custody. After being satisfied in accordance with law if an application for bail is filed, the same would be disposed of by learned special court.

With the aforesaid observations, CRR 1933 of 2023 is disposed of.

The warrant of arrest already issued be kept in abeyance till 7th July, 2023. In case the petitioner does not surrender by 6th July, 2023, learned special court would proceed to the next harsh process of law on 10th July, 2023.

Pending application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. ( Tirthankar Ghosh, J. )