Direction stayed execution of proclamation and attachment till 1st June 2024 due to lack of execution, while arrest warrant remains in force. Petitioners to exhaust remedies.
Stayed execution of proclamation and attachment till 1st June 2024; arrest warrant remains effective.
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01.05.2024
Serial no. 5 [G.S.D]
CRR 1450 of 2024
In the matter of : Sekh Ajijul @ Sk Ajijul & Ors.
… … Petitioners
Mr. Navanil De Ms. Monami Mukherjee … for the petitioners Md. Adil Badr Ms. Ankita Paul … for the State
The officer in charge of Dubrajpur P.S. is present in court. His further appearance before this court for the day is dispensed with.
A fresh report has been submitted which reflects that court records along with the records of Dubrajpur P.S. were checked and it was found that there has been no execution in respect of the proclamation and attachment so issued by the ld. Special Court, Suri, Birbhum in connection with Dubrajpur P.S. Case No. 22 of 2018 dated 10.2.2018 corresponding to C Case No. 09 of 2018.
Having regard to the fact that effect has not been given to the proclamation and attachment so issued by the ld. Special Court, I direct that the execution of the same be stayed till 1st of June, 2024.
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However, the warrant of arrest so issued will remain in force and there is no bar on the police authorities to execute the same. The petitioners would be at liberty to exhaust their remedies within the time schedule stated above.
In case, the petitioners do not appear or surrender before the ld. Special Court on or before 1st of June, 2024, in that case, the ld. Special Court on the next working day will be at liberty to revive the proclamation order so issued and the officer in charge of Dubrajpur P.S. will take responsibility for executing the same. The ld. Trial court will thereafter proceed in accordance with law.
With the aforesaid observations, CRR 1450 of 2024 is disposed of.
Pending application, if any, is also disposed of.
Report so submitted be kept with the record.
Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.
(Tirthankar Ghosh, J.)
Sekh Ajijul @ Sk Ajijul & Ors.
State
Tirthankar Ghosh
As recorded by the court registry
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