Sheikh Aminuddin Ali v. State Of West Bengal

27.09.2022 Item No.34.

Mithun Ct.42 CRR 3609 of 2022 Sheikh Aminuddin Ali Vs.

The State of West Bengal Ms.Shaila Afrin, Adv.

Mr. Dipanjan Chatterjee, Adv.

Ms. Rafat Jahan, Adv.

Ms. Pooja Kar, Adv.

...for the petitioner.

Ms. Faria Hossain, Adv.

...for the State.

The petitioner has filed the instant revision praying for stay of operation of the warrant of arrest issued against him by the learned Senior Municipal Magistrate, Kolkata in connection with G.R. Case No.177 of 2021 under Section 401A of the Kolkata Municipal Corporation Act on the ground that he will surrender before the Trial Court voluntarily.

I have heard the learned Advocate for the petitioner.

I am of the view that the instant revision can be disposed of here and now with the assistance of the learned Advocate on behalf of the State.

Therefore, Ms. Faria Hossain, learned Advocate is requested to assist this Court on behalf of the State.

It is submitted by Ms. Hossain that when the petitioner wants to voluntarily surrender before the Trial Court, he may be given an opportunity to surrender.

The learned Advocate for the petitioner submits that the petitioner will surrender by 30th September, 2022 in the Court below.

Accordingly, in order to enable the petitioner to surrender before the Court below, operation of the warrant of arrest issued against the petitioner by the learned Magistrate be stayed till 30th September, 2022.

If the petitioner surrender before the Trial Court, the learned Senior Municipal Magistrate, Kolkata is at liberty to entertain his application for bail in accordance with law without being influenced in any way over the instant order. The parties are at liberty to act on the server copy of the order.

(Bibek Chaudhuri, J.)