Golam Rasul Gazi v. State Of West Bengal And ANR

C.R.R. No.1801 of 2020 D/L98 March 31, Bpg.

In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure;

Golam Rasul Gazi

Versus

The State of West Bengal & Anr.

Mr. Raja Biswas, Mr. Abhijit Sarkar.

...for the petitioner.

The petitioner is aggrieved by the order issuing warrant of arrest in respect of an execution case.

I find from the records that the execution case was preferred for dues of Rs.17,500/-.

The main grievance of the petitioner is that the judgment in the principal case was delivered ex parte and the petitioner has been continuously paying a sum of Rs.500/- per month in respect of the order passed in Section 125 of the Code of Criminal Procedure. Learned advocate continues his argument in respect of the earnings of the petitioner, however, such facts were not before the learned trial court as the petitioner did not participate in the proceedings.

Having regard to the submissions which have been made by the learned advocate for the petitioner and as none appears on behalf of the private opposite party no.2, I direct that in case the petitioner appears before the learned Judicial Magistrate, 2nd Court, Barasat, North 24 Parganas by 12th April, 2022 and deposits a sum

of Rs.5,000/-, the warrant of arrest issued should be stayed till 14th May, 2022. The petitioner would pay a further sum of Rs.5,000/- by 14th May, 2022 and in case the aforesaid amount of Rs.10,000/- is paid by 14th May, 2022, the learned court would take into account the amount which has already been paid by the petitioner in the maintenance proceedings under Section 125 of the Code of Criminal Procedure, adjust the same from the dues of the execution case and direct further payment within such time as the learned Magistrate thinks fit and proper.

It has been submitted that the proceedings under the Protection of Women from Domestic Violence Act, 2005 has been decided ex parte. After payment of the aforesaid sum, the learned court would allow the petitioner to adduce his evidence, after a proper application is preferred and the learned court is of the opinion for the ends of justice, the petitioner should be allowed to place his case.

With the aforesaid observations, CRR 1801 of 2020 is disposed of.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)