In a revision under Sections 401 and 482 CrPC regarding a pending maintenance warrant, the High Court granted the petitioner a 30-day opportunity to deposit arrears before executing an arrest warrant issued under Section 125 CrPC.
Opportunity of 30 days granted to deposit dues/arrears to arrest warrant if deemed fit.
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D/L14 C.R.R.346 of 2021 12.12.2022 Bpg. In Re: An application under Sections 401 & 482 of the Code of Criminal Procedure, 1973;
Tanmay Maity Versus
The State of West Bengal and another
Mr. Achyut Basu,
Ms. Punam Basu. …for the petitioner.
The subject matter of challenge relates to warrant of arrest passed by the learned Additional Chief Judicial Magistrate, Kakdwip, South 24 Parganas in Misc. Execution Case No.151 of 2019 which arose out of Misc. Case No.201 of 2018 under Section 125 of the Code of Criminal Procedure.
Ms. Basu, learned advocate appearing for the petitioner submits that, in spite of best efforts, no instructions regarding present stage of the proceedings could be obtained from the petitioner.
Records of this case reflect that almost 22 months the revisional application is pending before this Court. I do not find any reason to drag the present revisional application. Accordingly, I direct the learned ACJM, Kakdwip that if the warrant of arrest is still pending against the petitioner for recovery of the dues in relation to the execution case, and if the learned ACJM, Kakdwip deems fit and proper he would grant one opportunity of 30 days to the petitioner to deposit the dues/arrears in connection with Misc.
2
Case No.201 of 2018.
With the aforesaid observations, CRR 346 of 2021 is
disposed of.
Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly
downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Tirthankar Ghosh, J.)
1 issue framed by the court
Whether to grant an opportunity to deposit dues before enforcing a pending arrest warrant in a maintenance execution case.
2 provisions across 1 enactments
Tanmay Maity
The State of West Bengal
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
