Amresh Singh Kharwar @ Guddu v. State Of West Bengal And ANR

18.08.2023 Serial no. 82 [G.S.D] CRR 3248 of 2022 With CRAN 1 of 2022 CRAN 4 of 2023 In the matter of : Amresh Singh Kharwar @ Guddu ... ... Petitioner Mr. Arun Kumar Mohanty Mr. Manabendranath Bandyopadhyay Mr. R.R. Mohanty Ms. Singdha Ghosh Mr. Shivam Saha ... For the petitioner Mr. S. G. Mukherjee Mr. Imran Ali Ms. Debjani Sahu ... For the State Mr. Achin Jana Mr. Suman Chakraborty Mr. Prosenjit Ghosh ... For the O.P.

The present revisional application was preferred in respect of warrant of arrest which was issued, in connection with Misc. Execution Case No. 98 of 2019 (arising out of Misc. Case No. 577 of 2015), by the Learned Judicial Magistrate, 7th Court, Howrah.

The Learned Advocate for the petitioner as well as the Private Opposite Party submits that pursuant to the order, so passed, by a Co-ordinate Bench of this Hon'ble Court, a sum of Rs.80,000/- has already been deposited.

Mr. Jana, Learned Counsel appearing for the Private O.P., submits that there are dues to the extent of Rs.1,51,000/-.

In view of the subject-matter of the revisional application being restricted to a sum, which has been agreed by the parties, I direct that in three instalments of Rs. 51,000/-, Rs. 50,000/- and Rs.50,000/-, in three continuing months being September, October and November, 2023 the present petitioner would clear the arrears. Out of such amount, Rs.51,000/- should be paid by 14th of September, 2023.

The warrant of arrest, so issued, by the Learned Trial Court, is stayed till 18th of September, 2023. Once the payment/instalment/arrears of Rs.51,000/- is deposited, the Learned Trial Court will, accordingly, extend the execution of stay of warrant of arrest. In case, there is any failure on the part of the petitioner, the Learned Trial Court would be at liberty to revive the warrant of arrest, so issued.

With the aforesaid observations, CRR 3248 of 2022 is disposed of.

Pending application, if any, is also disposed of. Needless to state that, the date for execution case and the main case would be fixed on one and the same date.

Parties to act on a server copy of this order, duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)