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Calcutta High CourtCRR/2305/2024disposed

Md. Imran v. Alimun Nisa

2024-06-14Hon'Ble Justice Suvra Ghosh2 pages

14.06.2024 rc/ct.no.34 Item No.23 CRR No. 2305 of 2024 In the matter of : Md. Imran .......Petitioner Mr. Nirmalya Chatterjee Mr. Shounak Mondal ...for the Petitioner The petitioner is aggrieved by the order passed by the learned Judicial Magistrate, 1st Court, Alipore, South 24-Pagarnas on May 02, 2024 directing issuance of warrant against the petitioner.

Learned counsel for the petitioner submits that by an order dated February 02, 2024 in CRR No. 242 of 2024, this Court granted liberty to the petitioner to clear the residual amount due by July 31, 2024. The order impugned was passed prior to expiry of the said date. The petitioner also seeks extension of time to deposit the entire amount.

It appears that the petitioner was granted liberty to deposit the entire due amount by July 31, 2024 in 4 instalments. Warrant of arrest was issued by the learned trial court prior to the said date.

In view of the above, the petitioner is directed to deposit the entire due amount pertaining to the execution case within August 31, 2024.

The order impugned dated May 02, 2024 passed by the learned Judicial Magistrate, 1st Court, Alipore, South 24-Parganas in this Execution Case No. 214 of 2023 be stayed till August 31, 2024. In the event the petitioner fails to deposit the entire amount within the said date, necessary steps be taken by the learned Magistrate in accordance with law without further reference to this Court.

No fruitful purpose shall be served by keeping this revisional application pending.

The revisional application being CRR No. 2305 of 2024 is disposed of accordingly.

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.

(Suvra Ghosh,J)