Netai Chandra Saha @ Nittya v. State Of West Bengal
03-12-2024 Ct. No.34 b.das CRR No. 4079 of 2024 + CRAN 1 of 2024 In the matter of :
Netai Chandra Saha @ Nittya ..... petitioner.
Mr. Subrata Bhattacharjya Mr. Soumen Sarkar ...for the petitioner.
Mr. Debasish Roy Mr. Arijit Ganguly Ms. Sreemoyi Roy ...for the State.
In Re: CRAN 1 of 2024 Heard learned counsels for the parties.
The petitioner seeks condonation of delay in filing the revisional application.
Good grounds being shown, the application is allowed. Delay in filing the revisional application is condoned.
In view of the above, the application being CRAN 1 of 2024 is disposed of.
In Re: CRR 4079 of 2024 The petitioner has assailed the order dated 16th April, 2022 passed by the learned Additional Chief Judicial Magistrate, Kalyani, Nadia in GR Case No.950 of 2022 whereby warrant of proclamation and attachment has been issued simultaneously.
The issuance of warrant of proclamation and attachment simultaneously is in contravention of the provision laid down under Section 82/83 of the Code of Criminal Procedure and cannot be sustained. Accordingly, the order impugned dated 16th April, 2022 is set aside/quashed.
It appears that the warrant of arrest was issued against the petitioner vide order passed on 21st March, 2020. The petitioner undertakes to surrender before the learned Magistrate within a fortnight from date and seek bail. If the petitioner surrenders before the learned Magistrate within the said time frame and files an application for bail, the learned Magistrate shall deal with the application, in accordance with law.
In the event the petitioner fails to surrender before the learned Magistrate within the stipulated time frame, the learned Magistrate shall be at liberty to take necessary steps against the petitioner in accordance with law. The warrant of arrest issued vide order dated 21st March, 2020 be stayed till 20th December, 2024. The revisional application being CRR 4079 of 2024 is disposed of.
Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.
( Suvra Ghosh, J. )