Disposed¶13

Samrat Mandal v. State of West Bengal

Calcutta HC22 Sept 2025CRR/3763/2025

Case brief

AI extract

What is this about?

Warrant of arrest issued against accused on court bail who filed an absent petition; Magistrate bound to consider and decide an absentee accused's exemption petition and record reasons; impugned order set aside, revision disposed of. Keywords: absent petition, warrant of arrest, exemption from appearance, ER of WA, hazira, GR No.3955 of 2024, Kaliachak Police Station No.841 of 2024, Sections 307/323/325/326/34/341 IPC, Section 326 IPC dropped, Chief Judicial Magistrate Malda, CRR 3763 of 2025, Chaitali Chatterjee (Das), J., 22.09.2025.

What did the court decide?

The order passed by the learned Chief Judicial Magistrate issuing warrant of arrest against the petitioner was set aside; the revisional application was disposed of and urgent certified copy permitted upon compliance with formalities. ¶13

Samrat Mandal Vs State of West Bengal — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the learned Chief Judicial Magistrate, Malda rightly issued a warrant of arrest against the petitioner, who was on court bail and had filed an absent petition, without considering or deciding that petition and the cause shown therein.

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Ratio / Principle

The learned Court neither rejected the absent petition nor allowed the same but issued a warrant of arrest; such orders are passed where the Court has reason to believe that the accused has absconded or will not obey the order of the Court.

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Key takeaways

Exemption to appear may not be a matter of right, but the Court must express the reasons for not considering the petition filed by the absentee accused.ratio¶11
The impugned order shows that the learned Court below did not consider the application filed on behalf of the petitioner and/or the cause shown therein.ratio¶10

Detailed headnote1 paragraphs

Criminal revision (CRR 3763 of 2025, decided 22.09.2025, Chaitali Chatterjee (Das), J.) against an order of the Chief Judicial Magistrate, Malda in GR No.3955 of 2024 (Kaliachak Police Station No.841 of 2024, Sections 307/323/325/326/34/341 IPC; charge sheet filed dropping Section 326 IPC). The petitioner, who was on court bail, filed an absent petition on the date fixed; the Magistrate, without rejecting or allowing the petition or recording any reasons, issued a warrant of arrest. Held: warrants of arrest are passed where the Court has reason to believe the accused has absconded or will not obey its order; exemption from appearance may not be a matter of right, but the Court must express reasons for not considering the petition of an absentee accused. As the impugned order showed no consideration of the petitioner's application or the cause shown, it was set aside and the revision disposed of.

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22.09.2025 Item No.12 Ct. No. 446 RP

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CRR 3763 of 2025

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In the matter of : Samrat Mandal … Petitioner

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Mr. Arup Kumar Bhowmick ….For Petitioner Ms. Manisha Sharma Mr. Bikram Mitra ….For State

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This revisional application has been filed challenging the order passed by the learned Chief Judicial Magistrate, Malda in GR No.3955 of 2024 under Sections 307/323/325/326/34/341 of the Indian Penal Code, 1860 arising out of Kaliachak Police Station No.841 of 2024 dated 12.06.2024.

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It is the case of the petitioner that one complaint was lodged by the de facto complainant on 12^th June, 2024 against the petitioner for alleging commission of offence punishable under the aforesaid sections and after completion of the said investigation charge sheet was submitted whereby Section 326 of IPC was dropped. Further, the present petitioner, who was on Court bail, also appeared before the Court and on 29^th July, 2025 when the date was fixed the present petitioner filed one absent petition. Despite that the learned Court passed an order issuing warrant of

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arrest against the present petitioner. Being aggrieved thereby, this revisional application has been filed.

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Learned advocate appearing representing the State raises objection.

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Having heard both the learned advocates for the parties and on careful perusal of the facts and circumstances of the case and the order dated 29^th April, 2025 it can be seen that on that date other accused persons, who were on Court bail, were present and filed hazira and the present petitioner, who was on Court bail, filed one absent petition. The learned Court passed the order issuing warrant of arrest against the absentee accused and fixing date on 12^th August, 2025 for ER of WA. The impugned order manifests that the learned Court did not consider the application filed on behalf of the present petitioner and/or cause shown therein.

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The learned Court neither rejected the petition nor allowed the same but issued warrant of arrest, which according to this Court, when such orders are passed where the Court has reason to belief that accused has absconded or will not obey the order of the Court. Exemption to appear may not be a matter of right but the Court must express the reasons for not considering the petition filed by the absentee accused.

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Therefore, this Court finds merit in the revisional application and, accordingly, the order passed by the learned Court is hereby set aside.

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In the result, this revisional application is disposed of.

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Urgent Photostat certified copy of this order, if applied for, be delivered to the learned advocates for the parties, upon compliance of all formalities.

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(Chaitali Chatterjee (Das), J.)

Samrat Mandal v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Samrat Mandal v. State of West Bengal

Case brief

What is this about?

What did the court decide?

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What the court decided

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