Nilima Mallick And Another v. State Of West Bengal

CRR 3684 of 2022 Court No.

Item 16 ASR/tbsr In re : An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973. 13.10.

In the matter of:- Nilima Mallick & Anr.

Mr. Raju Mondal .....for the petitioners Mr. Arijit Ganguli Mr. Santanu Deb Roy ....for the State The petitioners, Nilima Mallick and Hriday Mallick @ Sadhan Mallick are facing trial arising out of Ashok Nagar Police Station Case No. 94 of 2014 dated 18.02.2014 under Sections 363/366A of the Indian Penal Code.

Records reflect that warrant of arrest was issued against them, after the date was fixed for commitment by the learned ACJM and the petitioners did not appear before the Court. The next date has been fixed on 10th of April, 2023. Mr. Arijit Ganguly, learned advocate appearing for the State submits report of the Officer-in-Charge of Ashoknagar Police Station. Having regard to the seriousness of the offence involved last opportunity is granted to the petitioners. The petitioners are directed to appear/surrender before the learned ACJM, Barasat, North 24 Parganas who is in seisin of GR 798/2014 by 15th November, 2022. In case the petitioners appear before the learned ACJM, Barasat on or before15 November, 2022, the learned ACJM will allow the petitioners to continue on the same bond and commit the case

on the same date to the learned Sessions Judge. No further proceedings should be delayed in view of the fact that the case was initiated in the year 2014.

The warrant of arrest so issued by the learned ACJM be stayed till 16th November, 2022.

In case the petitioners do not appear on or before 15th November, 2022, the learned ACJM, Barasat on 16th November, 2022 will issue harsher process of law leading towards proclamation and attachment of the properties. Reports so submitted be kept with the records. With the aforesaid directions CRR 3684 of 2022 is disposed of.

Learned ACJM, Barasat shall act on a server copy of this order, duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)