Jakir Sk @ Jakir Hoossain v. State Of West Bengal
25.11.2022 S/L No.28 KS C.R.R. 3492 of 2022 Jakir Sk. alias Jakir Hossain -Vs.- The State of West Bengal Mr. A. K. Bhattacharjee Mr. Subir Kumar Roy Mr. D. Mondal Mr. M. Saha .....For the Petitioner Mr. Madhusudan Sur Mr. Dipankar Paramanick .....For the State The present revisional application relates to a case of the year 2010 arising out of Samserganj Police Station Case No.274/10 dated 07.10.2010.
Petitioner is aggrieved because Warrant of Arrest was issued against him as he could not appear before the Court on the date so fixed. Records reflect that the petitioner namely, Jakir Sk., another accused Azaharuddin Sk. and Abdul Bari were on bail. However, one Mumtaj Bibi till date has not been arrested although Warrant of Arrest was issued and is pending against her. The present is a sessions triable case, as charge-sheet was submitted under Sections 498A/ 306/ 34 of the Indian Penal Code and is unnecessarily pending before the Learned A.C.J.M., Jangipur, Murshidabad.
Having regard to the totality of the circumstances, I direct the Officer-in-Charge, Samserganj Police Station to inform the aforesaid three persons to appear before the Learned A.C.J.M., Jangipur, Murshidabad on 15th December, 2022. Learned A.C.J.M., Jangipur, Murshidabad on the said date will allow these petitioners on their appearance to continue on the same bail and bond, split up the trial of the case and commit the case to the Learned Sessions Judge. Learned Sessions Judge will take steps for proceeding with the trial of the case in accordance with law.
Warrant of Arrest issued against Jakir Sk. is stayed till 16th December, 2022.
With the aforesaid observations, C.R.R. 3492 of 2022 is disposed of.
Pending applications, if any, are consequently disposed of. All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court. (Tirthankar Ghosh, J.)