Calcutta High CourtCRR/4293/2025disposed

Sk. Rafikul Islam And Others v. State Of West Bengal And ANR

2025-11-14Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

04.

14.11.2025 CRR 4293 of 2025 Bd.

Ct. 29 Sk. Rafikul Islam & Ors. Vs.

The State of West Bengal & Anr.

Mr. Dipam Mozumder Mr. Rajib Kumar Acharyya ... for the petitioners Mr. Debasish Roy Mr. Suman De Mr. Soumya Basu Roy Choudhury ... for the State. The instant application has been preferred against the order dated 22nd August, 2025 by which learned court below issued warrant of arrest against all the five petitioners. Being aggrieved by the aforesaid order learned counsel appearing for the petitioners submits that the trial court did not consider that on previous occasion the petitioners were duly present in the court and on 21.08.2025 due to illness of the petitioner/accused no. 3, petitioners could not attend the court and prayed for time and learned court below without considering the same and without giving any opportunity to the petitioners have straightway issued warrant of arrest. Now the petitioners intend to surrender before the court below. Mr. De, learned counsel, who usually appears before the court on behalf of the State is hereby appointed to represent the State. Concerned authority is directed to regularize the appointment of Mr. De.

Having heard learned counsel appearing on behalf of the petitioners and the State, the instant application being CRR 4293 of 2025 is hereby disposed of giving liberty to the petitioners to surrender before the court below within a period

of two weeks from date and in the event of such surrender before the court below the court below will dispose of their prayers in accordance with law without being influenced by any observation made hereinabove.

The impugned order dated 22.08.2025 by which warrant of arrest was issued against the petitioners is stayed for a period of two weeks or till the petitioners surrender before the trial court, whichever is earlier.

All parties shall act on the basis of server copy of this order duly downloaded from the official Website of this Court. (Dr. Ajoy Kumar Mukherjee, J.)