This revisional application under Section 482 CrPC, pending for 11 years, challenged the issuance of an arrest warrant by the trial court. The court found the petitioner's contention incorrect regarding the timeline and dismissed the application as bereft of merit.
Revisional application dismissed without costs; order of stay, if any, vacated.
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02.02.2023 Item No.17 BR
CRR 860 of 2011 With CRAN 1 of 2011
In the matter of : Kamal Ahmad
…….petitioner
Mr.N.P.Agarwal,
Mr. Pratick Bose ….. for the State
None is appearing to represent the petitioner.
This revisional application is pending for 11 years.
By filing an application under Section 482 of the Criminal Procedure Code the petitioner Kamal Ahmed has challenged the order passed by learned Judicial Magistrate , 5th Court, Sealdah on 27th January, 2011 whereby the learned trial Court was pleased to issue warrant of arrest. The main grievance of the petitioner, as I find from the revisional application is that 15th February, 2011 was the date fixed for appearance of the parties in terms of the order dated 15th January, 2011 . However, on 27th January, 2011
learned trial Court was pleased to issue warrant of arrest. Upon perusal of impugned order I find that learned trial Court passed the order to issue warrant of arrest against the accused person previous to 27th January, 2011 . On 27th January, 2011 learned trial Court indicated that the warrant of arrest was not issued in compliance with the direction given by him earlier. Therefore, learned trial Court once again directed the Court Officer to issue the warrant of arrest as directed earlier. Thus, the contention of the petitioner appears to be incorrect and this revisional application appears to be bereft of merit and is dismissed, however, without costs. Order of stay , if any, stands vacated.
Let a copy of the order be sent down to the learned trial Court for information and necessary action.
Urgent certified copy,if applied therefor, be supplied upon compliance of usual formalities.
( Siddhartha Roy Chowdhury, J. )
2 issues framed by the court
Whether the trial court erred in issuing the warrant of arrest prior to the date fixed for appearance.
Whether the petitioner's grievance regarding the delay in appearance is valid.
1 provisions across 1 enactments
Kamal Ahmad
State
Siddhartha Roy Chowdhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
