Sapiruddin Md And ORS. v. The State Of West Bengal And ANR.

30.01.2025 Sl. No.05.

Court No.3 Mithun CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

Criminal Revisional Jurisdiction CRR 44 of 2025 Sapiruddin Md & Ors.

Vs.

The State of West Bengal & Anr.

Ms. Madhushri Dutta ...for the petitioner Mr. Niloy Chakraborty, Mr. Ujjwal Luksom ...for the State.

This Criminal Revision is filed for stay of operation of order dated 13th January, 2025 passed by the learned Chief Judicial Magistrate, Jalpaiguri in connection with G.R. Case No.1933 of 2010 arising out of Rajganj Police Station Case No.141 of 2010 under Sections 448/323/376/511/34 of the Indian Penal Code, 1860 (in short "IPC") issuing warrant of arrest against the petitioners. Ms. Madhushri Dutta, learned Advocate for the petitioner submits that the petitioners were on bail. There is case and counter case and long civil disputes by and between the parties. However, since long dates were given, the petitioners was not informed of such dates and they failed to appear before the trial Court. As such, warrant of arrest has been issued. She prays for stay of the order issuing warrant of arrest.

It is contended that the petitioner nos. 2, 3 & 4 were granted anticipatory bail on 30th July, 2010 and petitioner no.1 was granted anticipatory bail on 27th January, 2016 and they surrendered before

the Court. Charge-sheet has been filed in the year 2014. However, it is found from order sheets of learned trial Court that the accusedpetitioners in spite of repeated orders did not appear and on 13th January, 2025 warrant of arrest has been issued. Hence, this Court finds that there is no such illegality in the order passed by the learned trial Court. Hence, the revision is devoid of merits. Accordingly, the criminal revision being CRR 44 of 2025 is dismissed.

All connected applications, if any, stand disposed of. There will be, however, no order as to costs. Interim order, if any, stands vacated.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. Urgent photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary formalities. (Bivas Pattanayak, J.)