Sanaul Saikh v. State Of West Bengal

03.01.2024 Serial no. 46 [G.S.D] CRR 4915 of 2023 In the matter of : Sanaul Saikh ... ... Petitioner Mr. Tapan Datta Gupta Mr. Parvej Anam ... Petitioner Ms. Manisha Sharma ... for the State In connection with Baishnabnagar P.S. Case No. 402 of 2023 dated 20.6.2023, charge-sheet was submitted under sections 417/342/323/354B/376D/120B of the IPC. The charge-sheet was submitted on or before 19th of September, 2023.

A report was called for. Ms. Sharma, ld. advocate for the State, has submitted a report. Let the same be kept with the record.

I find that proclamation was served on 31.12.2023, which is after the revisional application was preferred and the initial order was passed by this Court.

Having considered the same, I direct that further execution relating to proclamation be stayed till 3rd of February, 2024.

However, the petitioner would be at liberty to exhaust the remedies available under the law within the aforesaid period and the ld. Magistrate would revive the order relating to proclamation on 5th of February, 2024. However, the warrant of arrest which has been issued will be in force and there is no bar on the investigating agency or any other police authorities to execute the same.

With the aforesaid observations, CRR 4915 of 2023 is disposed of.

Pending application, if any, is also 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.)