Maimud Ali Khan@Maimud Ali Khan@Mahmud Khan v. State Of West Bengal

19.10.2022 nb/sb Sl. No. 13 Ct. No. 35 CRR 3926 of 2022 Re: An application under Sections 401/482 of the Code of Criminal Procedure, 1973.

In Re : Maimud Ali Khan @ Maimud Ali Khan @ Mahmud Khan ....... petitioner Mr. Arup Kr. Bhowmick ...... for the petitioner Mr. Rudradipta Nandi Mr. Pravas Bhattacharya Mr. Pratick Bose ......for the State The criminal revision is moved praying for staying the warrant of arrest issued against the petitioner returnable on 10th November, 2022. The case arises out of Ramnagar P.S. Case No. 37 of 2006 dated 23.03.2006 for an offence punishable under Section 498A/323/307 of the IPC and Section 3/4 of the Dowry Prohibition Act.

Learned lawyer for the State submits that the conduct of the accused/petitioner is not good. There have been several other orders protecting the petitioner passed by this Court, but in spite of those protections, the accused has failed to surrender before the trial Court on several occasions.

Considering the materials on record, the petitioner is directed to surrender before the trial Court on or before 10th November, 2022. The warrant of arrest issued is stayed till 10.11.2022 or until further orders whichever is earlier. The order of this Court shall not influence the learned Magistrate in deciding the case in accordance with law.

Accordingly, CRR 3926 of 2022 is, thus disposed of.

In case the petitioner does not surrender by 10th November, 2022, the learned Magistrate will be at liberty to proceed in accordance with law.

(Shampa Dutt (Paul), J.)