Swapna Sen v. State Of West Bengal And ANR

18.03.2025 rc/ct.no.34 Item No.14 CRR No. 3583 of 2024 In the matter of : Swapna Sen .......Petitioner Mr. Sabir Ahmed Mr. Shraman Sarkar ...for the Petitioner Mr. Ansuman Bhattacharya Mr. Subhodeep Ghosh Mr. Agnik Maulik .....for the O.P.

Mr. Bitashok Banerjee Ms. Poulami Bose .....for the State Supplementary affidavit filed by the petitioner and affidavit in opposition filed by the defacto complainant/private opposite party are taken on record.

The petitioner has assailed the judgment and order dated July 30, 2024 passed by the learned Additional District and Sessions Judge, Fast Track, 2nd Court, Alipore in connection with the Criminal Motion No. 241 of 2023 affirming the order dated April 05, 2023 passed by the learned Additional Chief Judicial Magistrate, Alipore in ACGR No. 4659 of 2022. By the order dated April 05, 2023, the learned Additional Chief Judicial Magistrate directed issuance of warrant of proclamation and attachment against the petitioner. Learned counsel for the petitioner submits that the petitioner initially appeared before the learned Magistrate and prayed for bail. During hearing of the bail application she was compelled to leave the court room due to obstruction of learned

advocates for which the bail application could not be moved and warrant of arrest was issued against her. The petitioner assailed the said order before the learned Sessions Judge who stayed the warrant of arrest. The petitioner was granted anticipatory bail by the learned Sessions Judge which was assailed by the defacto complainant/ private opposite party before this Court.

Subsequently, the petitioner surrendered before the learned Magistrate and was granted regular bail on March 12, 2025. Since the petitioner has been granted regular bail by the learned Magistrate, the order dated April 05, 2023 passed by the learned Magistrate directing issuance of warrant of proclamation and attachment has become redundant and is, therefore quashed. As a consequence, the judgment and order impugned dated July 30, 2024 affirming the order dated April 05, 2023 is also quashed. In view of the above, the revisional application being CRR No. 3583 of 2024 is disposed of.

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

(Suvra Ghosh,J)