Calcutta High CourtCRR/2734/2025disposed

Sabina Bibi @ Sabina Khatun v. Md. Barik Sardar

2025-09-02Hon'Ble Justice Shampa Dutt (Paul)2 pages

02.09.2025 Serial no.30 Aloke Ct. No. 30 CRR 2734 of 2025 Sabina Bibi alias Sabina Khatun Vs.

Md. Barik Sardar Mr. Angshuman Chakraborty Mr. S.S. Saha ... for the petitioner Ms. Puspita Saha ... for the State The revisional application has been preferred against an order dated 29.03.2025 passed by the learned ACJM, Barasat, North 24 Pargnas, in C. Execution Case No. 60 of 2022. It is the case of the petitioner that the learned Magistrate, in spite of an order passed by the High Court, is continuing to issue warrant of arrest to Bhangor Police Station instead of Chandaneswar P.S. for execution.

Considering that the direction in the revisional application shall be passed in respect of the state, Ms. Puspita Saha, learned empanneled lawyer of the State present in Court, is appointed to represent the State of West Bengal in this case. Let her appointment be regularized by the appropriate authority. It appears that by an order dated 13.03.2025, the High Court in WPA 4805 of 2025 had directed that the Police Station in respect of which the warrant of arrest is to be sent is 'Chandaneswar' Police Station and not 'Bhangor'. The said order was communicated to the learned Magistrate, by a petition dated 29.03.2025.

In spite of such information on record, it appears that the learned Magistrate has once again proceeded to issue warrant of

arrest, to be executed through I.C., Bhangor P.S. vide an order dated 29.03.2025.

Accordingly, the order dated 29.03.2025 passed by the Ld. ACJM, Barasat in C. Execution Case No. 60 of 2022 is hereby quashed and set aside.

The learned Magistrate is directed to issue a fresh warrant of arrest, which shall be executed through I.C., Chandaneswar P.S. and made returnable on a date as deemed fit and proper by the learned Magistrate.

Learned counsel for the State shall communicate a server copy of this order to the concerned P.S.

Let a copy of this order be sent to the trial Court for necessary action.

CRR 2734 of 2025 stands disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Shampa Dutt (Paul), J.)