Xxx-1 And ANR. v. State Of West Bengal And ANR

26.09.2025 sdas CRR 3469 of 2025 In Re : An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973/ Section 528 read with Section 422 of the BNSS, 2023.

In Re : XXXXXXX .....petitioners Mr. Jisan Iqubal Hossain ...... for the petitioners The present revisional application has been preferred seeking setting aside of the order dated 17th June 2025, passed by the learned Judge, Special Court under the POCSO Act, Lalbagh, Murshidabad, issuing a warrant of arrest against the petitioners in connection with POCSO Case No. 81 of 2019. Mr.

Hossain, learned Advocate appearing for the petitioners, submits that since the petitioners went abroad to perform the 'Hajj,' they could not appear on the said date, i.e., 17th June 2025, and as such, a warrant of arrest was issued against them. He submits that the procedure required to be complied with prior to the issuance of the warrant of arrest has not been followed.

Having heard the learned Advocate appearing for the petitioners and upon perusal of the materials on record, taking note of the cause for which the petitioners could not appear on

17th June 2025, and considering the facts and circumstances of the case, I find that the petitioner's contention appears to be sound.

In view thereof, operation of the warrant of arrest issued against the petitioners on 17th June 2025 in connection with POCSO Case No. 81 of 2019 shall be stayed until the end of November 2025 or until further orders, whichever is earlier. Petitioners are directed to appear before the court and pray for regular bail.

The revisional application is, thus, disposed of. (Partha Sarathi Chatterjee, J.)