Single judge criminal revision allowing stay of arrest orders contingent on petitioner's surrender to the Trial Court within seven days.
Stay of Operation of Order Nos.14 and 15 subject to surrender within seven days.
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03.01.2023 SL No.23 Court No.3 SB
Circuit Bench of Calcutta High Court At Jalpaiguri
CRR 304 of 2022
In the matter of : Solemon @ Choleman Haque@Chhaleman Ali
Mr. Jaydeep Kanta Bhowmik Mr. Rikta Sarkar … for the petitioner Mr. Aditi S. Chakraborty, Ld. APP Mr. Sourav Ganguly … for the State
Heard Mr. Bhowmik learned counsel representing the petitioner and Mr. Chakraborty, learned counsel representing the State.
It is contended that the petitioner could not appear before the learned Trial Court on 29.4.2022 when one witness was found present but could not be examined in absence of the petitioner. Learned Trial Court had every reason to issue warrant of arrest. Now the petitioner intends to surrender before the learned Trial Court.
Under such circumstances, the operation of the Order Nos. 14 and 15 passed on 29.4.2022 and 16.7.2022 respectively are stayed subject to the condition that the petitioner shall surrender to the jurisdiction of the learned Trial Court within seven days from date. In default, the learned Trial Court will be at liberty to take any coercive measures in accordance with law.
With these observations, the criminal revision is disposed of.
Let a copy of this order be sent down to the learned Trial Court
for information and necessary action.
(Siddhartha Roy Chowdhury, J.)
2
1 issue framed by the court
Whether to stay the operation of coercive orders pending surrender by the accused.
1 provisions across 1 enactments
Solemon @ Choleman Haque@Chhaleman Ali
State
Siddhartha Roy Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
