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Calcutta High CourtCRR/1681/2021disposed

Meenakshi Banerjee v. State Of West Bengal

2021-09-01Hon'Ble Justice Kausik Chanda2 pages

01.09.2021 Ct.35 AKG CRR 1681 of 2021 (Through Video Conference) In Re: - An application under Section 482 of the Code of Criminal Procedure, 1973 And In the matter of: Meenakshi Banerjee .... Petitioner Mr. Kusal Kumar Mukherjee ...For the Petitioner Ms. Sukanya Bhattacharyya, Mr. Mirza Firoj Ahmed Begg ...For the State It appears that the petitioner did not appear before the learned Senior Municipal Magistrate, Kolkata, even after receiving summons, and that prompted the learned Magistrate to issue a warrant of arrest against the petitioner.

I find no infirmity in the said order passed by the learned Magistrate.

It has, however, been submitted by the learned advocate for the petitioner, that due to a resolution adopted by the Bar Association of the Court, the petitioner could not appear before the learned Magistrate on the date specified for her appearance. It has further been submitted that the petitioner is ready and willing to appear before the learned Magistrate on the next date of hearing.

In view of the submissions made by the learned advocate for the petitioner, I stay the operation of the warrant of arrest issued against the petitioner for a period of four weeks from date. The petitioner shall appear before the learned Magistrate within the said period of four weeks from date, when the learned Magistrate in the Court below shall consider the application for bail in accordance with law.

If the petitioner fails to appear before the learned Magistrate in compliance with this order, the warrant of arrest issued by the learned Magistrate will automatically revive, and the learned Magistrate will be at liberty to execute the warrant of arrest. CRR 1681 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.)