Edigineni Gurrappa Naidu v. Dhrubajyoti Mukherjee

18.10.2023 Serial no. 34 [G.S.D] CRR 3874 of 2023 In the matter of : Edigineni Gurrappa Naidu ... ... Petitioner Mr. Ayan Bhattachaerjee Mr. Indrajit Adhikari Ms. Ritu Das Mr. Suman Majumder ... for the petitioner Mr. Arijit Chakraborti Mr. Deepak Sharma ... for the E.D.

The revisional application relates to warrant of arrest which was issued by the ld. Chief Judge, City Sessions Court, Calcutta in connection with M. L. Case No. 03/2017 under the relevant provisions of PMLA Act arising out of KLZO/04/2023.

Mr. Chakraborti, ld. Advocate for the Directorate of Enforcement (E.D.), submits that on 27th of September, 2023, proclamation was issued against the present petitioner by the ld. Chief Judge, City Sessions Court, Calcutta.

Ld. advocate submits that the majority of the accused persons have already entered appearance and the

trial of the case has been stalled because of the present petitioner.

Be that as it may, since the complaint have been filed by the prosecuting agency, I direct that warrant of arrest as well as the declaration so issued on 27th of September, 2023 be stayed till 30th of November, 2023. If the petitioner appears on or before 20th of November, 2023, the ld. Chief Judge, City Sessions Court, would consider the situational parity in respect of the other accused persons, whether further detention of the present petitioner is required or not.

If such detention is not required, the ld. Chief Judge, City Sessions Court, would release the petitioner on bail on condition that he shall attend the ld. Trial Court on each and every date and subject to such terms which the investigating agency or the prosecuting agency may pray before the ld. Trial Court.

The petitioner is directed to appear before the ld. Trial Court between 16th to 20th of November, 2023 only after notifying the Directorate of Enforcement. Needless to state that in default, on 1st of December, 2023, the order of proclamation dated 27th September, 2023 would revive and the ld. trial court would proceed in accordance with law.

With the aforesaid observations, CRR 3874 of 2023 is disposed of.

Pending application, if any, is disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)