In this CRR, the Court disposed of the revisional application as infructuous because the warrant of arrest against the petitioner had been recalled by the trial court on 29.05.2020.
The revisional application is disposed of as infructuous due to the recall of the warrant of arrest.
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09.06.2023 Serial no.6 Aloke Ct. No. 30
CRR 849 of 2020
Edigineni Guruppa Naidu Vs.
The State of West Bengal & Anr.
Mr. Moyukh Mukherjee
… for the petitioner Mr. Samrat Goswami
… for the Enforcement Directorate
The criminal revisional application has been preferred praying for setting aside of the orders dated 11.09.2019, 02.12.2019 and 15.01.2020 and all orders passed in connection with M.L. Case No. 3 of 2017 arising out of a complaint lodged under Section 45 of the Prevention of Money Laundering Act, 2002 for the offence punishable under Section 4 of the Prevention of Money Laundering Act, 2002 in connection with ECIR No. KLZO/04/2013 dated 29.11.2013 wherein the learned Chief Judge, City Sessions Court, Calcutta was pleased to issue warrant of arrest against the petitioner.
It is submitted by the learned counsel for the opposite party that the orders challenged before this Court are orders wherein the Court has fixed dated for the execution of the warrant of arrest. It is further submitted that the warrant of arrest was issued by the trial Court vide order dated 22.12.2017 and the said order has not been challenged before this Court.
The submission of the learned counsel for the petitioner is that vide order no. 31 dated 29.05.2020 the trial court recalled the said warrant of arrest issued on 22.12.2017.
2
It is seen that since then several dates were fixed by the trial court for appearance of the accused persons and on finding that the present petitioner was not appearing before the court, a fresh warrant of arrest was issued against the present petitioner vide order dated 28.04.2023 . The Court was of the view that though a revisional application was pending before this Court, there was no stay order and, as such, the Court issued a fresh warrant of arrest.
At present this Court finds that the warrant of arrest challenged by the petitioner before this Court is not in existence since 29th May, 2020 and, as such, the present revisional application has become infructuous.
Accordingly, the revisional application is disposed of as infructuous.
(Shampa Dutt (Paul), J.)
1 issue framed by the court
Whether the criminal revisional application against a warrant of arrest becomes infructuous if the warrant was recalled by the trial court.
Edigineni Guruppa Naidu
The State of West Bengal
Respondent No. 2
Shampa Dutt (Paul), J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
