Safikul Sk v. State Of West Bengal

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri C.R.R. 3213 of 2022 Safikul Sk Vs.

The State of West Bengal For the petitioner : Mr. Amajit De, Adv.

Mrs. Tapasi Sinha Palit, Adv.

Ms. Shakshi Rathi, Adv.

Mr. Pratik Acharjee, Adv.

Heard on : 13.02.2023 Judgment On : 13.02.2023.

Bibek Chaudhuri, J.

Petitioner's case for quashing of further proceeding in connection with Nabagram Police Station Case No.604 dated 27th November, 2013 under Sections 341/325/326/307/34 of the Indian Penal Code cannot be entertained at this stage because trial of the case has already been commenced.

Fact remains the petitioner is a charge-sheeted accused in connection with the above-mentioned case. After filing of the chargesheet and obtaining bail, he absconded in the year 2016. The Police Authority failed to execute warrant of arrest issued by the Trial Court. Therefore, on 25th September, 2018 the Trial Court filed the case

against the petitioner for the present. Now the petitioner wants to surrender before the Trial Court to face trial. The petitioner is at liberty to surrender before the Trial court within a fortnight.

If any application for bail is filed by the petitioner in the Trial Court, the Trial Court shall consider the same in accordance with law without being influenced by the order passed by this Court. In the meantime, warrant of arrest pending against the accused be kept in abeyance.

With the above order, the instant revision is disposed of. (Bibek Chaudhuri, J.) Mithun De/ A.R. (Ct).

Sl No.18.

D/L.