Constitution Bench Revision (CRR) regarding stay of arrest warrant. Court admitted revision and ordered petitioners to surrender before Trial Court within a fortnight, while staying execution of arrest warrant during this period.
Directing petitioners to surrender within a fortnight; execution of warrant of arrest stayed.
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14.01.2021 Sl. No. 27 Srimanta D/L Ct. No. 30
CRR/104/2021
Khalid Raja Khan & Ors. -Vs.The State of West Bengal & Anr.
(Via Video Conference)
Mr. Ramasish Mukherjee, Adv., Mr. Sk. Nezamuddin, Adv.
…for the petitioners. Mr. Rana Mukherjee, Adv., Ms. Sukanya Bhattacharyya, Adv., Md. Kutubuddin, Adv.
…for the State.
Having heard the Learned Advocate for the petitioner and perusal of the materials-on-record, I find that the petitioners have been able to make out an arguable case. Therefore, the instant revision admitted.
Since the matter pertains to stay of execution of warrant of arrest, the Learned Advocate for the petitioners is requested to serve the copy of the revisional application to Mr. Rana Mukherjee, Learned Advocate for the State. On the consent of both the petitioner and the Learned Advocate for the opposite party no. 1, the instant revision is taken up for hearing.
It is submitted by Mr. Mukherjee that the ends of justice will be sub-served if the petitioners are directed to surrender before the Trial Court within a specific period of time and in the meantime execution of warrant of arrest issued against them may be stayed.
2
In view of the submission made on behalf of the State of West Bengal, the instant revision is disposed of directing the petitioners to surrender before the Learned Trial Court within a fortnight.
In the meantime, execution of warrant of arrest issued against the petitioners be stayed.
The petitioners are at liberty to act upon the server copy of the order and communicate the same both to the Learned Court below as well as to the jurisdictional Police Station for compliance.
( Bibek chaudhuri, J. )
2 issues framed by the court
Whether to grant stay on execution of warrant of arrest while directing surrender within a fortnight.
Whether surrender by petitioners to Trial Court would serve the ends of justice.
Khalid Raja Khan & Ors.
The State of West Bengal & Anr.
Bibek Chaudhuri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
