Calcutta High CourtCRR/2299/2023disposed

Sujay Giri v. State Of West Bengal And ANR

2023-07-24Hon'Ble Justice Tirthankar Ghosh2 pages

24.07.2023

IN THE HIGH COURT AT CALCUTTA

Item No.60 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2299 of 2023 In the matter of : Sujay Giri ... Petitioner.

Mr. Balaram Pandit ... For the Petitioner.

Mr. Arijit Ganguly, Ms. Sujata Das ... For the State.

Learned advocate appearing for the petitioner is directed to serve a copy of this revisional application upon Mr. Arijit Ganguly, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

The present case is of the year 2000. The case is yet to be committed from the court of learned Additional Chief Judicial Magistrate, Contai to the jurisdictional sessions court and I find that the sections for which the present petitioner and others were charged are 498A/304B/302 of the Indian Penal Code. The petitioner submits that his elder brother died and as such, he could not appear and so warrant of arrest was issued against him.

Be that as it may, the petitioner would surrender by 11.08.2023. In case the petitioner surrenders by 11.08.2023, he may be allowed to continue on the same bail, but subject to furnishing of fresh bond. The petitioner shall furnish title deed of a property which would be within the local jurisdiction of the learned Additional Chief Judicial Magistrate, Contai. If the said condition is complied with, the learned Magistrate would accept the same. The learned

Magistrate would take steps for commitment of the case at least after 23 years.

The execution of warrant of arrest be stayed till 14.08.2023. In case within the schedule date, as fixed above, the petitioner does not surrender, the learned Additional Chief Judicial Magistrate, Contai would proceed for steps under Sections 82 and 83 of the Code of Criminal Procedure. With the aforesaid observations, the revisional application being CRR 2299 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned 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.

(Tirthankar Ghosh, J.)